In this bail application, the court found it a fit case to grant bail to the accused despite opposition from the AGA, allowing release subject to conditions including deposit of alleged marketing amount.
Bail allowed subject to furnishing a personal bond, two sureties, and deposit of Rs. 21,000 with the complainant.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35017 of 2019
Applicant :- Javed Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Balram Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
As there is strike of lawyers, no one has appeared on behalf of the applicant to argue the bail application. However, Smt. Shahzadi Khanam, mother of the applicant who is also pairokar of the affidavit accompanying the bail application has appeared in person.
This is a bail application on behalf of the applicant in connection with Case Crime No.17 of 2009, under Sections 419, 420, 467, 468, 471, 411 IPC, P.S. Rai Bajaar, District Kanpur Nagar.
Heard Smt. Shahzadi Khanam, on behalf of the applicant in person and learned AGA for the State and perused the record.
It has been alleged in the FIR that the present accused has secured a credit card from ICICI bank by giving false papers regarding his address and he had used credit card and has done marketing to the tune of Rs. 21,000/-. The mother of the applicant has submitted that the applicant is quite innocent and has been falsely implicated in the present case. The applicant was granted interim protection by the another Bench of this Court in Criminal Misc. Writ Petition No.3133 of 2009 and Application 482 Cr.P.C. No. 10121 of 2013 vide orders dated 19.8.2010 and 21.3.2013, respectively. Offence is triable by Court of Magistrate. She further submitted that the applicant is ready to pay the amount of Rs. 21,000/which was alleged to have been spend by him, within one month after his released from jail. The applicant is languishing in jail since 17.7.2019.
through a demand draft drawn in favour of complainant before the trial Court, the trial Court shall hand over the same to the complainant.
Learned AGA 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 Javed Ahmad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned 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 deposit a sum of Rs. 21,000/- through a demand draft drawn in favour of complainant before the trial Court, the trial Court shall hand over the same to the complainant.
v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
vi) 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 :- 5.9.2019 Mini
1 issue framed by the court
Whether bail ought to be granted to the applicant in the present circumstances.
Javed Ahmad
Ajit Singh
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
