This judgment grants bail to an accused falsely implicated under forgery and cheating charges involving impersonation in examinations. The court held it a fit case for bail subject to personal bond and sureties.
Allowed the bail application and directed the release of the applicant on personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14713 of 2019
Applicant :- Suny Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
List has been revised. Learned counsel for the complainant Sri Pankaj Kumar Sukla is not present.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 34 of 2019 under Sections 420, 467, 468, 471 & 120-B I.P.C. and Sections 6/9 of U.P. Public Examination Act, 1988, P.S. Vidhnu, District Kanpur Nagar.
The contention of the learned counsel for the applicant is that the accused is quite innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that as per the F.I.R., the applicant was giving examination in place of other person. All offences are triable by the Court of Magistrate and below seven years of punishment.
He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 . The accused is languishing in jail since 28.01.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed .
Let the applicant Suny Kumar Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the
satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.7.2019 Shanu
1 issue framed by the court
Whether bail can be granted to an accused charged under Sections 420, 467, 468, 471 & 120-B I.P.C. and Sections 6/9 of U.P. Public Examination Act, 1988.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersRelied on¶9
_Data Ram Vs. State of U.P. and others, 2018(3) SCC 22_ · Who else cites this
2 provisions across 2 enactments
Suny Kumar Yadav
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
