The court granted bail to the applicant in a cheating and forgery trial. The applicant alleged innocence and claimed broker manipulation. The opposing counsel raised no material objection, leading to the grant of bail on personal bond and sureties.
Let the applicant Sunhari Lal be released on bail on furnishing a personal bond and two sureties.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5849 of 2020
Applicant :- Sunhari Lal Opposite Party :- State of U.P. Counsel for Applicant :- C.L. Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 214 of 2017, u/s 406, 420, 467, 468, 471, 120B IPC, P.S. Hari Parvat, District Agra with the prayer for enlarging him on bail.
Submission of the learned counsel for the applicant is that the applicant is wholly innocent and he has been made a scapegoat by certain broker and he is to obtain benefit of Rs. 38,000/under the Swatah Rojgar Yojana (Self Employment Scheme). It is alleged that the applicant had filed forged income and caste certificates in order to derive benefit. It is argued that it is yet to be established by an expert that the said documents were forged. In fact, the manipulation was done by the brokers who took the major part of the money received by the applicant under the aforesaid scheme. The case of the applicant is distinguishable from that of officials and brokers who are directly involved in fabrication of documents. It is submitted that co-accused Smt. Shakuntla Devi and Maya Devi have been granted bail by this Court in Bail Application nos. 4845 of 2020 and 5091 of 2020 vide orders dated 3.2.2020 and 4.2.2020. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 28.11.2019, having no criminal history to his credit, deserves to be released on bail.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sunhari Lal involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 7.2.2020 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to bail in a cheating and forgery case given the absence of opposition on merits.
Sunhari Lal
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
