Hon'ble Court allowed Criminal Misc. Bail Application for Guljar in a cheating and forgery case involving recovery of motorcycles. Bail granted on personal bond and two sureties subject to conditions including court functioning status.
Released on bail on furnishing personal bond and two sureties with specific conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39423 of 2020
Applicant :- Guljar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Bail Application
The instant bail application has been filed on behalf of the applicant, Guljar, with a prayer to release him on bail in Case Crime No. 434 of 2020, under Sections 420, 465, 471, 482 IPC, Police Station Nagina, District- Bijnor during pendency of trial.
Applicant has been implicated alleging that four motor cycles have been recovered from him after tampering with the number plate, chassis etc.
Learned counsel for the applicant has submitted that although applicant has been implicated in this case along with other accused but there is no public witness of the recovery. He is in jail since15.09.2020 and has no criminal history.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.11.2020 SS
2 issues framed by the court
Whether the applicant should be released on bail considering the lack of public witnesses and his absence of criminal history.
Whether the applicant can be released on bail on furnishing a personal bond and two sureties subject to specific conditions.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherDistinguished¶13
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Guljar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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