Hearing a bail application in a forgery case involving false implication and misuse of document for juvenile claim, the single judge held no ground for bail and rejected the plea while reserving opinion on trial merits.
Bail application rejected; observation not to prejudice trial court decision.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46865 of 2018
Applicant :- Durg Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
The applicant seeks bail in Case Crime No.517 of 2018, under Sections 420, 467, 468, 471 IPC, Police Station Civil Line, District Budaun.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated by the informant in the above case crime number. He further submits that the applicant has not committed any forgery. He further submits that applicant is a law abiding citizen and in case, applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Applicant is languishing in jail since 14.09.2018.
Per contra, learned A.G.A. has submitted that it is apparent from perusal of the record that it is a serious case of forgery. He further submits that applicant has filed forged and fabricated documents before the court below for getting the benefit of juvenility. Lastly, he submits that conduct of the applicant does not appear to be fit for bail.
After hearing the submissions raised by learned counsel for the applicant and the
reply by the learned AGA and upon perusal of the various documents annexed with the present bail application and also looking to the allegations made in the FIR, and considering the gravity of the offence, no good ground is made out for bail.
Accordingly, this bail application is rejected at this stage.
The observation so made in the body of this order shall not prejudice proceeding of the trial court while deciding the case on merit.
Order Date :- 4.1.2019 Raj
1 issue framed by the court
Whether bail should be granted to the applicant accused of forgery under Sections 420, 467, 468, and 471 IPC.
Durg Pal
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
