Criminal Bail Application regarding charges of theft, forgery and cheating. Court found it a fit case for bail on personal bond and sureties without examining merits.
Released on bail with personal bond and two sureties subject to conditions against tampering evidence or threatening witnesses.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17148 of 2019
Applicant :- Shukhendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today is taken on record.
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. 479 of 2017, under Sections 379, 467, 468, 471, 120B and 411 IPC, P.S. Cantt, District Varanasi.
The contention of the learned counsel for the applicant is that the applicant has not named in the FIR and he has been falsely implicated in the present case on the basis of confessional statement made by the co-accused. He further submitted that the co-accused Naseem Khan @ Pintu having similar role, has already been enlarged on bail vide order dated 28.5.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No. 22241 of 2019. Lastly he submitted that the appellant is languishing in jail since 18.12.2018, having no criminal history and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA 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 Shukhendra Singh 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 1.7.2019 Mini
2 issues framed by the court
Whether the applicant is a fit case for bail in a cheating, forgery and theft case.
Whether the false implication of the applicant on the basis of a co-accused confession warrants bail.
Shukhendra Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
