Single judge allowed bail application of Danish and Nadim accused of cheating, forgery and criminal breach of trust. Court recorded no opinion on merits but granted bail noting false recovery claims and lack of absconding risk.
Applicants released on bail upon executing personal bond and furnishing two sureties each in like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40402 of 2018
Applicant :- Danish And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
The applicants while claiming their immunity have laid stress that no offence, whatsoever, has been committed by them. In fact, the entire amount has been wrongly recovered from the possession of the applicants. The factum of recovery is absolutely false and not supported by public independent witness. The story of encashment of cheque worth Rs.4,00,000/- is absolutely false and is not admissible under given facts and circumstances of the case. There is no possibility of absconding or misusing the liberty of bail in case the applicants are admitted to bail. The applicants do not bear any criminal history and are languishing in jail since 21.08.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Danish and Nadim involved in Case Crime No.504 of 2018, under Sections 380, 411, 420, 467, 468, 471, 34 I.P.C., Police Station Hapur Nagar, District Hapur be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 3.1.2019
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3 issues framed by the court
Whether the applicants are entitled to release on bail while the recovery of cheque amount is alleged to be false.
Whether there is reasonable apprehension of tampering with witnesses or absconding by the applicants.
Whether bail applications under Sections 380, 411, 420, 467, 468, 471 and 34 IPC should be allowed.
7 provisions across 1 enactments
Danish
Nadim
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
