Court allowed bail to Nizamuddin accused of cheating and forgery charges under IPC and IT Act. Bail granted with bond and two sureties subject to conditions regarding witness tampering and trial cooperation.
Release on bail with personal bond, two sureties, undertaking not to tamper, cooperate with trial, and avoid criminal activities.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3581 of 2020
Applicant :- Nizamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.954 of 2019, under Sections 419, 420, 467, 468, 471 IPC and 66 Information Technology Act, Police Station Kotwali, District Deoria, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the police to show good work. He has committed no offence. Prosecution story is false and fake. Nothing has been recovered from the possession of the applicant. Recovery which has been shown from the applicant is totally false and fake. There is no independent witness to support the prosecution case. Police arrested the applicant from his uncle house and falsely implicated in the present case due to enmity. Applicant is not beneficiary because the amount has been deposited in the account of informant itself. Applicant is in jail since 08.12.2019 having no criminal history. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of
punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Nizamuddin be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 4.2.2020 I.A.Siddiqui
2 issues framed by the court
Whether the accused-applicant deserves bail in the charges of cheating, forgery and attempting to forge documents.
Whether the surrender of sureties and signing of bond is a sufficient condition for granting bail.
3 provisions across 3 enactments
Nizamuddin
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajendra Kumar-IV
Parties & counsel
