Single-judge criminal court allowed bail in case numbered 361 depending on Section 420 IPC during pendency of trial on furnishing bond and two sureties subject to conditions including cooperation in trial and non-interference with evidence.
Release on personal bond and two sureties on specified conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5657 of 2020
Applicant :- Fatehchandra @ Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Rejoinder affidavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Fatehchandra @ Ramesh, with a prayer to release him on bail in Case Crime No. 361 of 2018 under Sections 420, 467, 468, 406, 120-B I.P.C., Police StationMaudarwaja, District- Farrukhabad during pendency of trial.
The allegation in the F.I.R. is that the applicant executed an agreement to sell by showing his name as Fateh Chand when he is Ramesh Singh. He got the fabricated Aadhar Card prepared and on the basis of the same, got the disputed agreement to sell executed.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He is aged about 71 years and even if it is accepted that some agreement to sell was executed by him by impersonation, no transfer of title was made since no sale deed was executed on the basis of the aforesaid agreement to sell. The applicant has criminal history of six cases including the present case. He is in jail since 17.11.2019.
Learned A.G.A. 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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.10.2020 KS
2 issues framed by the court
Whether the applicant should be released on bail pending trial.
Whether the caller of bail applications for context of the objection being filed by the learned A.G.A.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
Fatehchandra @ Ramesh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
