The Court allowed a bail application filed by Shekh Jumman in a cheating and forgery case. Relying on Supreme Court principles, the Court treated it as a fit case for bail despite the nature of allegations, subject to standard conditions.
Application allowed; applicant released on bail with personal bond and two sureties under specified conditions.
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. - 29248 of 2019
Applicant :- Shekh Jumman Opposite Party :- State Of U.P. Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 767 of 2018, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali Karvi, district- Chitakoot, is seeking enlargement on bail during the trial.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case due to ulterior motive. He further submitted that co-accused Tufail has been granted bail by this Court vide order dated 30.07.2019 passed in Criminal Misc. Bail Application No. 29201 of 2019. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 10.05.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
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 and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 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, Shekh Jumman be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 767 of 2018, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali Karvi, district- Chitakoot 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 :- 30.7.2019 Ujjawal
1 issue framed by the court
Whether the applicant is eligible for bail during trial for offences under Sections 420, 467, 468, 471 IPC.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶9
Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 · Who else cites this
Shekh Jumman
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
