This judgment grants bail to Babu Ram Yadav in a criminal case involving cheating and forgery allegations. The court deemed it a fit case for bail despite the gravity of the offences, allowing the release subject to conditions.
Release on bail by executing a personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30055 of 2019
Applicant :- Babu Ram Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Babu Ram Yadav in connection with Case Crime No.97 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Khejuri, District Ballia.
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 alleged in the first information report the applicant had secured teaching job by annexing fake certificate. He submitted that all the offences are triable by court of Magistrate. He submitted that the applicant is languishing in jail since 26.06.2019 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 Babu Ram Yadav 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 :- 11.9.2019
R./
1 issue framed by the court
Whether bail should be granted to an accused charged with offences under Sections 419, 420, 467, 468, 471 I.P.C.
Babu Ram Yadav
AJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
