In a bail application under Sections 419, 420 IPC, the court allowed bail without expressing an opinion on merits, imposing conditions regarding loan repayment and absence of interference with evidence.
Released on bail with personal bond and two sureties subject to conditions of loan repayment and good behavior.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40112 of 2018
Applicant :- Ratan Vishwakarma Opposite Party :- State Of U.P. Counsel for Applicant :- Ganesh Shanker Srivastava,Ashwini Kumar,P.K. Singh,Pushkar Kushwaha Counsel for Opposite Party :- G.A.,Dhirendra Kumar Srivastava
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 274 of 2018 under Sections 419, 420 I.P.C. Police Station Mugalsarai, District Chandauli.
Learned counsel for the applicant submitted that the applicant has not committed any offence under Sections 419 and 420 as alleged in the F.I.R. False and fabricated allegations have been made against him. He is ready and willing to pay the entire loan amount of the Bank. The applicant is in jail since 9.7.2018 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ratan Vishwakarma involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
adjournments.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 Ram Murti
2 issues framed by the court
Whether the case is fit for bail.
What conditions need to be imposed on bail.
1 provisions across 1 enactments
Ratan Vishwakarma
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
