Criminal bail application preferred by Hasan Khan, not named in FIR but implicated in statements, involving Sections 419, 420, 467, 468, 471 IPC and I.T. Act. Court granted bail without expressing opinion on merits.
Applicant released on bail furnishing personal bond and two sureties with standard conditions regarding tampering, cooperation, and no new offences.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10980 of 2019
Applicant :- Hasan Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Harish Chandra Singh,Anand Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 411 of 2018 under Sections 419, 420, 467, 468, 471 I.P.C. and Section 66/67 I.T. Act (Information and Technology Amendment Act), Police Station Nichlaul, District Maharajganj.
Learned counsel for the applicant submitted that applicant is not named in the F.I.R. For the first time, applicant's name came into picture in the statements of Brajesh Kumar and Ashish Kumar wherein the applicant has been assigned only role of helping them in opening their Account Nos.37796640600 & 37888129275 respectively at Punjab National Bank. Applicant is innocent. He has no connection with any of the accused persons named in the F.I.R. or with the account holder. Role of the present applicant is distinguishable from the other accused persons. The applicant has no previous criminal history. He is in jail since 28.11.2018 and if he is granted liberty, he will not misuse the same.
Learned counsel for the applicant submitted that The applicant is in jail since 28.11.2018 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Hasan Khan 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:-
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 :- 1.5.2019 Ram Murti
1 issue framed by the court
Whether the applicant, who was not named in the FIR, is entitled to bail in a cheating case involving forgery and IT Act offences.
Hasan Khan
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
