Criminal Misc. Bail Application allowed regarding an applicant accused under multiple IPC sections for running a gang of solvers, released on personal bond and sureties.
Released on bail upon furnishing a personal bond and two reliable sureties of like amount.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28360 of 2019
Applicant :- Abhinav Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Sajivan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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.30 of 2019, under Sections 419, 420, 467, 468, 471, 34 IPC, P.S. Govind Nagar, District Kanpur Nagar.
It has been alleged in the FIR that the applicant is the member of the gang of solvers and coaccused Amit Yadav alias Rahul Yadav runs the gang of solvers and two members of his gang will appear in the said exam in place of the original candidates. Learned counsel for the applicant has submitted that the applicant is quite innocent and he has been falsely implicated in the present case. He further submitted that nothing incriminating has been recovered from the possession of the present applicant. Offence is triable by the Magistrate. He further submitted that the co-accused Amit Yadav alias Rahul Yadav having similar role, has already been enlarged on bail vide order dated 14.5.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No. 20236 of 2019. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 20.1.2019 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 Abhinav 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 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 :- 17.7.2019 Mini
1 issue framed by the court
Whether the applicant is entitled to bail on the charges of cheating and forgery under Sections 419, 420, 467, 468, 471, 34 IPC.
Abhinav Yadav
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
