Allowed bail in a cheating and forgery case. The court relied on the applicant's lack of prior criminal record, false implication, and pandemic conditions in jails, without expressing an opinion on the merits.
Relinquished on personal bond and two sureties subject to specific conditions, effective after short-term bail if applicable.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18643 of 2020
Applicant :- Kundan Seth Alias Sandeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
It is submitted that applicant was not named in the First Information Report.Specific allegations are made against two accused persons.Subsequently police has recovered a bag from the applicant containing number of mobile phones, laptap etc. The allegation is regrading withdrawal of public money from the bank by forging cheque.It is further submitted that applicant has been falsely implicated in this case and nothing incriminating was recovered from him which may connect him to the present case.He had no prior criminal history and he has been implicated in three cases thereafter.The applicant is in jail since 23.2.2020.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Kundan Seth alias Sandeep Singh, who is involved in Case Crime No. 30 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C, Police Station-Mughalsarai , DistrictChandauli, be released on bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 1.9.2020 Atul kr. sri.
2 issues framed by the court
Whether the applicant has made out a case for bail given no prior criminal history and false implication in the case.
Whether exigencies like the spread of novel coronavirus in jails warrant bail as per Article 21 and Apex Court dicta.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶8
(2018)3 SCC 22 · Who else cites this
Kundan Seth Alias Sandeep Singh
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
