The court allowed a bail application filed by Rakesh Singh in a cheating and forgery case. Relying on prior orders granting bail to co-accused, the court found it a fit case for bail despite the gravity of the offences, subject to standard conditions of bond and surety.
Release on bail by executing a personal bond and furnishing two sureties in a like amount.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44338 of 2019
Applicant :- Rakesh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Rakesh Singh in connection with Case Crime No.256 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Siddharth Nagar, District Siddharth Nagar.
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 coaccused have been admitted to the concession of bail by another Bench of this Court by orders dated 27.02.2019 and 03.07.2019 passed in Criminal Misc. Bail Application Nos.8506 of 2019 (Rajan Sikngh) and 17886 of 2019 (Gyanendra Kumar Singh), copy whereof has been annexed on page nos.20 and 21 of the bail application. He claims parity. He submitted that the applicant is languishing in jail since 02.09.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
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 and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, 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 Rakesh Singh 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 :- 24.10.2019
R./
2 issues framed by the court
Whether the applicant is entitled to bail in a case punishable under sections 419, 420, 467, 468, and 471 IPC.
Whether the grant of bail to co-accused warrants a similar order in the present application.
Rakesh Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
