Bail application filed by a lady applicant for offences of cheating and forgery was rejected at this stage. The court held that no good ground was made out for bail, distinguishing from a co-accused who was already admitted. Order does not reflect on merit.
Bail application rejected. Order shall not be construed as a reflection on merit of case.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4780 of 2019
Applicant :- Smt. Beena Opposite Party :- State Of U.P. Counsel for Applicant :- Ashwini Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No. 738 of 2017, under Sections - 420, 467, 468, 471, 120-B, 504, 506, 406 I.P.C., Police Station - Modi Nagar, District - Ghaziabad.
Crux contention raised is confined to the ambit that in this case, the applicant is lady and has not committed any offence. Another co-accused of this case, Satendra has already been admitted to bail. Offence alleged is triable by the Magistrate Ist Class. There is no possibility of absconding or misusing the liberty of bail, if the applicant is admitted to bail. The applicant is languishing in jail since 2.8.2018.
Per contra, learned A.G.A. has replied that in this case, a fake/forged registered agreement to sell was prepared and the applicant posed herself to be Geeta, thus tried to misappropriate the sale consideration and has sold the land belonging to its real owner-Geeta. The offence itself is speaking of complicity of the applicant, when she knew it well that she is not the owner say Geeta.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected , at this stage.
It is made clear that the observation made in this order shall not be construed to have any reflection on merit of the case.
Order Date :- 1.2.2019 S Rawat
3 issues framed by the court
Whether bail should be granted to the applicant in case involving offences of cheating and forgery.
Whether the applicant is a fit person to be released on bail considering the nature of offence.
Whether the allegations of misappropriating sale consideration via forged document justify denial of bail.
1 provisions across 1 enactments
Smt. Beena
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
