In this bail application, the Hon'ble Court allowed the relief to the applicant Deepti Sharma involved in an FIR for cheating, forgery, and related offences under IPC. The Court found it to be a fit case for bail subject to conditions.
The applicant Deepti Sharma was released on bail on executing a personal bond and furnishing two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41750 of 2019
Applicant :- Deepti Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Prakash Counsel for Opposite Party :- G.A.,Devesh Mishra,Vinod Kumar Mishra,Vishnu Pandey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Devesh Mishra, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Deepti Sharma in connection with Case Crime No.1109 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Sahibabad, District Ghaziabad.
The report of this incident was lodged in pursuance of an application filed under Section 156(3) Cr.P.C. against the applicant. It was alleged in the application that by fabricating the educational papers of Bihar Board, the present applicant had taken the passport from the concerned authorities. It was further alleged that the applicant has committed fraud.
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 the applicant has submitted an application against Sri Ajay Raj Sharma, Senior Superintendent of Police, Rampur and after that this false case has been lodged against the applicant at the behest of the Senior Superintendent of Police, Rampur. He further submitted that the applicant had not caused any wrongful loss to the complainant or anyone and nor she has received any wrongful gain. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 19.08.2019 and in case, she is released on bail she will not misuse the liberty of bail and will cooperate in the trial.
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 Deepti Sharma 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 :- 23.10.2019
R./
2 issues framed by the court
Whether the bail application filed in connection with an FIR under Sections 419, 420, 467, 468, 471 IPC deserves to be allowed.
Whether the applicant is a fit and proper person to be released on bail subject to conditions.
Deepti Sharma
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
