The High Court allowed the bail application of Tekchand in a cheating and forgery case. The applicant was released on furnishing a personal bond and sureties. Conditions regarding attendance and court proceedings were imposed.
Applicant released on personal bond and two sureties with specific conditions regarding court attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45878 of 2020
Applicant :- Tekchand Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 68 of 2008 at Police Station- Anoop Shahar, District- Bulandshahar on 29.2.2008, under Sections 420, 467, 468, 471, 120B I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Bulandshaher on 28.10.2020.
The applicant is in jail since 08.10.2020 pursuant to the said F.I.R.
Sri Sunil Kumar Dwivedi, learned counsel contends that the applicant was not named in the FIR. The applicant was not the Gram Pradhan at the material point in time. Initially the final report was filed by the police absolving the applicant of all the charges. It is also asserted that apart from the above said cases the applicant does not have any criminal history.
Learned A.G.A. could not dispute the submissions from the record or upon instructions.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Tekchand be released on bail in Case Crime
No. 68 of 2008 at Police Station- Anoop Shahar, DistrictBulandshahar, under Sections 420, 467, 468, 471, 120B I.P.C. , registered on 29.2.2008 at Police Station- Anoop Shahar, District- Bulandshahar, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The party shall file computer generated copy of such order
downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 14.12.2020 Nadeem Ahmad
1 issue framed by the court
Whether the bail application should be allowed given the alleged procedural irregularities in the FIR and lack of criminal history for the applicant.
4 provisions across 2 enactments
Tekchand
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
