Vishal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

Vishal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Bail allowed: applicant Vishal to be released on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to conditions that he will not tamper with the evidence during trial, will not pressurize/intimidate prosecution witnesses, will appear before the trial court on dates fixed unless personal presence is exempted, and will not try to contact, threaten or otherwise influence the complainant or any witness of the case.

Issue for consideration

Whether the applicant Vishal, arraigned in case crime No. 1111/2019 under Sections 420, 465, 467, 468, 469, 471 IPC and Sections 63, 65 of Copy Right Act, police station Kotwali Nagar, District Muzaffar Nagar, should be enlarged on bail.

Court's answer

Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody, gravity of offence and all attending facts and circumstances, and without expressing any opinion on the merits of the case, the Court held it to be a fit case for bail and allowed the bail application.

Ratio / Principle

The applicant Vishal is to be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the four conditions set out in paragraphs 11 to 14 (no tampering with evidence; no pressurizing/intimidating prosecution witnesses; appearance before the trial court on dates fixed unless exempted; no contacting, threatening or influencing the complainant or any witness).

Detailed headnote1 paragraphs

Bail granted. Applicant Vishal, case crime No. 1111/2019, P.S. Kotwali Nagar, District Muzaffar Nagar, under Sections 420, 465, 467, 468, 469, 471 IPC and Sections 63, 65 of Copy Right Act; in judicial custody since 26.11.2019 with no criminal history (as argued); defence pleaded false implication, no connection with the alleged recovery, and that the alleged factory belonged to one Abad who was not made an accused. Learned A.G.A. opposed. The Court, considering the nature of allegations, period of custody, gravity of offence and attending circumstances, and without expressing any opinion on merits, held it a fit case for bail and allowed the application, directing release on a personal bond with two local sureties of like amount, subject to conditions against tampering with evidence, intimidating witnesses and contacting the complainant. (Raj Beer Singh, J.; order dated 2.1.2020.)

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57754 of 2019

Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant in case crime No. 1111/2019, under Sections 420, 465, 467, 468, 469, 471 IPC and Sections 63, 65 of Copy Right Act, police station Kotwali Nagar, District Muzaffar Nagar with the prayer to enlarge the applicant on bail.

It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant has no connection with the alleged recovery and that no case under Sections 420, 465, 467, 468, 469, 471 IPC is made out against applicant. It was further submitted that applicant is neither owner nor he has possession over the alleged factory from where alleged recovery has been shown, rather as per FIR, alleged factory belongs to one Abad, but he has not been made accused in this case. Learned counsel also submitted that there are no material, at all, to attract Sections 420, 465, 467, 468, 469, 471 IPC against the applicant. It has further been argued that the applicant is in judicial custody since 26.11.2019, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody, gravity of offence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Vishal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

The applicant will not tamper with the evidence during trial.

The applicant will not pressurize/intimidate the prosecution witnesses.

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

Order Date :- 2.1.2020 Anand