In this criminal bail application, the court considered a request for bail in a cheating and forgery case. Without expressing opinions on merits, the court observed that the applicant was entitled to bail pending trial while complying with standard conditions.
Applicant released on bail on execution of 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. - 30907 of 2019
Applicant :- Ajay Sisodiya Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Kumar Tripathi 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. 460 of 2019, under Sections 420, 467, 468 and 411 I.P.C., P.S. Etmaddaula, district-Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that in the FIR it has been alleged that the complainant had given her adhar card, pan card and RTR to the present accused for supplying her credit card but the present accused had not supplied the credit card to her and on 15.6.2019 the complainant came to know that the present accused had duped her and has withdraw Rs. 56,000/- from her Bank account by using her credit card. He next submitted that the alleged recovery of Rs. 33,000/- shown from the applicant is totally false and fake. He next submitted that he has not committed any forgery or fraud, he is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that all the offences are triable by court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 25.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ajay Sisodiya 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. 460 of 2019, under Sections 420, 467, 468 and 411 I.P.C., P.S. Etmaddaula, district-Agra subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 1.8.2019
Faridul
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail during the pendency of the trial.
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, 2018(3) SCC 22 · Who else cites this
1 provisions across 1 enactments
Ajay Sisodiya
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
