Court No. - 72 granted bail to Krishna Rai in a cheating and forgery case involving the applicant and State of U.P., imposing conditions including non-tampering with witnesses, cooperation in trial, and presence at specific stages.
Enlargement on bail with execution of personal bond and two sureties.
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Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29979 of 2020
Applicant :- Krishna Rai @ Krishna Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- Anil Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that there is no independent witness of the incident. It is next submitted that police has pressurized the applicant to be a witness in his favour and refusal of it resulted in lodging of the F.I.R. Applicant has no criminal history and he is in jail since 7.4.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Krishna Rai @ Krishna Bhardwaj , involved in Case Crime No. 185 of 2020, under Sections- 171, 419, 420, 467, 468 and 471 I.P.C., Police Station- Sarnath, District Varanasi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the ofÏcial website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.9.2020 Rmk.
Digitally signed by Justice Neeraj Tiwari Date: 2020.09.29 14:55:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the allegations of false implication and lack of independent witness merit bail for the accused.
4 provisions across 2 enactments
Krishna Rai @ Krishna Bhardwaj
State of U.P.
Neeraj Tiwari
As recorded by the court registry
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