In this bail application, the High Court ordered the release of the applicant, Charls Naemeka, charged with cheating, forgery, and money laundering, on bail subject to the execution of a personal bond and sureties.
Release on bail by execution of personal bond and two sureties each in like amount with conditions against tampering and coercing witnesses.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9638 of 2018
Applicant :- Charls Naemeka Opposite Party :- State Of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Charls Naemeka with a prayer to release him on bail in Case Crime No. 439 of 2017, under Sections 420, 467, 468, 471 IPC, and section 66, 66C, 66D I.T. Act Police Station Phase-3, District- Gautam Budh Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.The applicant is not named in the First Information Report. His name has surfaced in the statement of named coaccused. The applicant is languishing in jail since 11.6.2017, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Charls Naemeka involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each
in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2018 Atul kr. sri.
2 issues framed by the court
Whether the applicant charged with cheating and forgery be released on bail.
Whether the applicant has a sufficient case to oppose the prosecution.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another ((2018)3 SCC 22) · Who else cites this
Charls Naemeka
State Of U.P.
Siddharth
As recorded by the court registry
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