Court in criminal misc. bail application granted bail to applicant Deepak Arora in a cheating and forgery case involving missing cheques, subject to personal bond and sureties with standard conditions.
Applicant released on bail on furnishing a personal bond and two sureties each of like amount.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 517 of 2020
Applicant :- Deepak Arora Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Deepak Arora with a prayer to enlarge him on bail in Case Crime No. 154 of 2013, under Sections 420, 467, 468, 471 I.P.C., Police Station Civil Lines, District Muzaffar Nagar.
As per prosecution version four cheques were found missing and out of those four cheques, the amount of two cheques were found deposited in the bank account in which the photograph of the accused-applicant was pasted.
Learned counsel for the applicant has submitted that the applicant has falsely implicated in the present case. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. He has further submitted that the other co-accused namely Rakesh, Naveen Kumar and Naeem having the similar role have already been released on bail by the co-ordinate Bench of this Court, vide orders dated 11.12.2013, 09.01.2014 and 08.07.2016, passed in Criminal Misc. Bail Applications No. 17225 of 2013, 19642 of 2013 and 22197 of 2016 respectively,
hence on the ground of parity also, the application is entitled to bail. The applicant has been in jail since 01.10.2019.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation the police has submitted charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 8.1.2020 sailesh
1 issue framed by the court
Whether the applicant should be released on bail in a cheating and forgery case involving missing cheques.
Deepak Arora
Pradeep Kumar Srivastava
As recorded by the court registry
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