Court allowed bail application of applicant accused in cheating and forgery case, finding it a fit case for bail without expressing opinion on merits.
Release on bail via personal bond and two sureties subject to standard conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19589 of 2019
Applicant :- Ajab Narayan Pandey @ Munna Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Siddharth Niranjan,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.,Phool Chandra Yadav,Sharad Kumar Srivastava
Hon'ble Ajit Singh,J.
Short counter affidavit has been filed today, which is taken on record. Heard learned counsel for the applicant, Shri Sharad Kumar Srivastava, learned counsel for the complainant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Ajab Narayan Pandey @ Munna Pandey in connection with Case Crime No.1145 of 2018, under Sections 419, 420, 467, 468, 471, 406 I.P.C., P.S. Soraon, District Allahabad.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that as per the first information report the applicant had taken the money from the complainant. He submitted that the co-accused Mohd Taufiq has been admitted to the concession of bail by this Court by order dated 17.07.2019 passed in Criminal Misc. Bail Application No.27971 of 2019 and the role assigned to the applicant is similar to the role of the other co-accused, who have already been released on conditional bail. The present accused has not received any amount. He further submitted that the alleged offences are triable by court of Magistrate. He further submitted that previous criminal history of the applicant has been sufficiently explained in the bail application. He submitted that the applicant is languishing in jail since 29.11.2018 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 Ajab Narayan Pandey @ Munna Pandey involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 12.9.2019
A.N. Mishra
1 issue framed by the court
Whether the applicant is fit for bail in case filed under Sections 419, 420, 467, 468, 471, 406 I.P.C.
Ajab Narayan Pandey @ Munna Pandey
Ajit Singh J.
As recorded by the court registry
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