A single judge allowed a bail application for an accused charged with offences under Sections 420, 467, and 468 IPC. The court found it to be a fit case for bail based on the facts and gravity of the offence without examining merits.
Release of the applicant on bail by furnishing a personal bond and two reliable sureties.
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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37024 of 2019
Applicant :- Virendra Singh Chaudhary Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Complaint Case No. 85 of 2015, under Sections 420, 467, 468 IPC, P.S. Sadar Bazar, District Agra.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that the applicant was summoned in a complaint case. It is further contended that the applicant has not committed any forgery with the complainant and not committed any such type of offence as alleged in the complaint case. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 30.6.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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 Virendra Singh Chaudhary 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 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 :- 20.9.2019 Mini
1 issue framed by the court
Whether the bail application on behalf of the accused charged under Sections 420, 467, and 468 IPC should be allowed.
Virendra Singh Chaudhary
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
