Allowed

Khajan Singh v. State of U.P.

Allahabad HC17 Feb 2020BAIL/3236/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Khajan Singh in a case involving Sections 406, 420, 467, 468, 471, 419 IPC. Court granted bail subject to personal bond and two sureties, conditioning non-tampering with evidence and regular appearance before the trial court.

What did the court decide?

The applicant Khajan Singh was released on bail on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions regarding evidence tampering and appearance.

Khajan Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3236 of 2020

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Applicant :- Khajan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Counter affidavit filed today is taken on record.

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Heard Sri Subhash Chandra Yadav, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant- in Case Crime No. 214 of 2017, under Sections 406, 420, 467, 468, 471, 419 I.P.C., Police Station- Hari Parvat, District- Agra with the prayer to enlarge him on bail.

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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.

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Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Khajan Singh be released on bail in the

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aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 17.2.2020 Dhirendra/

Khajan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Khajan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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