Single judge allowed bail application for applicant accused of cheating and forgery. Court held applicant entitled to release due to vague allegations and lack of specific role, without examining merits of the case. Applicant must furnish bond and sureties.
Applicant released on bail by executing personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3082 of 2019
Applicant :- Bhagwat Saini Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Umesh Kumar and Bhawesh Pratap Singh have filed their power on behalf of the informant, the same is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. No specific role has been assigned to the applicant. He has not received any wrongful gain nor cause any wrongful loss to any person. Absolutely vague and baseless allegations have been levelled against him. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 8.1.2019.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Bhagwat Saini involved in Case Crime No. 1355 of 2018, under Sections - 420, 467, 468, 471, 34 I.P.C., Police Station - Sikandrabad, District - Bulandshahar 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.
Order Date :- 20.2.2019 S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail given vague allegations and no role assignment?
Whether there is reasonable apprehension of tampering with witnesses or absconding?
1 provisions across 1 enactments
Bhagwat Saini
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
