A Single Judge allowed a bail application filed by Bahadur Singh accused under Sections 406, 420, and 506 IPC. The court noted the applicant's age, alleged innocence, and delay in filing the FIR but ultimately disposed of the matter as a fit case.
Applicant released on bail by executing a personal bond and furnishing 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. - 26775 of 2019
Applicant :- Bahadur Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Sarwar Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Sudhir Kumar Singh has filed vaklatnama on behalf of the complainant.
This is a bail application on behalf of the applicant Bahadur Singh in connection with Case Crime No.165 of 2016, under Sections 406, 420, 506 I.P.C., P.S. Deogoan, District Azamgarh.
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 the incident is alleged to have taken place in the year 2010 and the report was lodged in the year 2016 and the delay in lodging of the first information report has not been properly explained. He further submitted that the applicant and the complainant are relatives and the present applicant is running a brick kiln and he has taken some money from his relatives. He further submitted that the main allegations have been levelled against the applicant that the applicant has taken the money for arranging a job in Saudi Arab of complainant's son. He further submitted that the applicant is aged about 72 years old and is suffering from various age related ailments. He submitted that the applicant is in jail since 14.06.2019 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 Bahadur Singh 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 :- 12.7.2019
R./
2 issues framed by the court
Whether the applicant is a fit case for bail amidst allegations of cheating, criminal breach of trust, and criminal intimidation.
Whether delay in lodging the FIR and the relationship between the applicant and complainant warrant bail.
3 provisions across 1 enactments
Bahadur Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
