Rajkumar v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant in a cheque-bounce and cheating matter involving forged documents, ordering release on personal bond and two sureties subject to standard conditions.
What did the court decide?
Released on bail on personal bond and two reliable sureties of alike amount.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3214 of 2020
Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed today is taken on record.
Heard Sri Subhash Chandra Yadav, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 214 of 2017, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., Police Station- Hari Parvat, DistrictAgra with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant is wholly innocent and he has been made a scapegoat by certain broker and he is to obtain benefit of Rs.25,000/under the Swatah Rojgar Yojana (Self Employment Scheme). It is alleged that the applicant had filed forged income and caste certificates in order to derive benefit. It is argued that it is yet to be established by an expert that the said documents were forged. In fact, the manipulation was done by the brokers who took the major part of the money received by the applicant under the aforesaid scheme. The case of the applicant is distinguishable from that of officials and brokers who are directly involved in fabrication of documents. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 28.11.2019, having no criminal history to his credit, deserves to be released on bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be released on bail pending trial.
Parties & counsel
- applicant
Rajkumar
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/3214/2020
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