Application for bail in a cheating and forgery case. The applicant claimed false implication and forged recovery. The State argued the case involved serious fraud with evidence of fake items recovered. The court, considering the gravity of the offence, held no good ground for bail was made out.
Bail application rejected at this stage.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2477 of 2019
Applicant :- Abdul Salam Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
The applicant seeks bail in Case Crime No.1087 of 2018, under Sections 420, 465, 468 IPC, Police Station Nai Mandi, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated by the informant in the above case crime number. Nothing has been recovered from the possession of the applicant and the alleged recovery is forged and planted by the Police with collusion of the informant. The offence is triable by Magistrate First Class. He further submits that applicant is a law abiding citizen and in case, applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Applicant is languishing in jail since 27.11.2018.
Per contra, learned A.G.A. has submitted that it is apparent from perusal of the record that it is a serious case of fraud and attempt has been made by supplying duplicate diamond and golden jewellery, which was on the face found to be fake and with the help of the police the applicant was caught on the spot. Lastly, he submits that conduct of the applicant may not deserve bail.
After hearing the submissions raised by learned
counsel for the applicant and the reply by the learned AGA and upon perusal of the various documents annexed with the present bail application and also looking to the allegations made in the FIR, and considering the gravity of the offence, no good ground is made out for bail.
Accordingly, this bail application is rejected at this stage.
The observation so made in the body of this order shall not prejudice proceeding of the trial court while deciding the case on merit.
Order Date :- 18.1.2019 Raj
2 issues framed by the court
Whether the applicant was entitled to bail in a charge sheeted case involving cheating and forgery under Sections 420, 465, and 468 IPC.
Whether the allegations of false implication and forged recovery by the applicant established good grounds for bail.
Abdul Salam
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
