Court allowed bail application in connection with cheating and forgery charges. The court found it to be a fit case for bail without expressing an opinion on the merits of the case.
Release of applicant on bail by executing a personal bond and furnishing two sureties subject to specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31883 of 2019
Applicant :- Kavindra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Santosh Kumar Mishra has filed his vaklatnama on behalf of the complainant, is taken on record.
Heard learned counsel for the applicant, Sri Santosh Kumar Mishra, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Kavindra Singh in connection with Case Crime No.279 of 2019, under Sections 420, 467, 468, 471 I.P.C., P.S. Civil Lines, District Meerut.
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 it is alleged in the first information report that the applicant had executed an agreement to sale with the complainant on 13.04.2015, in which it was specifically mentioned that the sale deed will be executed within six months, which was lapsed and no notice for the execution of sale deed was given by the complainant to the applicant and in this regard no notice was given to the Registrar office that he is ready and willing to execute the sale deed. He further submitted that the present first information report has been lodged in pursuance of an application under Section 156(3) Cr.P.C. and there is civil dispute between the parties. He further submitted that the first information report has been lodged after four years. He further submitted that the wife of the applicant is a cancer patient and there is no one in the family to look after her. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 18.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Sri Santosh Kumar Mishra, learned counsel for the complainant and the learned A.G.A. have 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 Kavindra Singh 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 :- 7.8.2019
R./
1 issue framed by the court
Whether this is a fit case for granting bail to the applicant charged with offences under Sections 420, 467, 468, 471 I.P.C.
2 provisions across 2 enactments
Kavindra Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
