This court allowed a bail application by holding that there is a prima facie case and reasonable apprehension of tampering. The applicants, facing charges of cheating and forgery, were to be released on personal bond and sureties.
Applicants released on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46930 of 2018
Applicant :- Rakesh Kumar 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Ranjit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case. The applicants have no role to play in the commission of the offence. He further submits that dealership was invited by the present applicants, wherein, informant side invested money and they were promised to give dealership, whereas, after elapse of some time due to rule and regulations, the things could not be settled properly in time, therefore, the false FIR was lodged. Under the similar circumstances coaccused have been admitted to bail by this Court, copies whereof have been annexed in the affidavit filed in support of this bail application. He adds that this case is basically of civil in nature. No criminal liability can be fastened against the applicants. In case, the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 19.02.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in
case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants- Rakesh Kumar Verma, Vijay Kumar Verma, Pawan Kumar- involved in case crime no.76 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station Badgaon, district Saharanpur 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 :- 4.1.2019
Raj
1 issue framed by the court
Whether the applicants are entitled to bail given the allegations of innocence and civil nature of the dispute.
1 provisions across 1 enactments
Rakesh Kumar Verma and Others
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
