This judgment grants bail to the accused applicant in a criminal case involving cheating and forgery, finding it a fit case for bail after hearing submissions from both sides without commenting on merits.
Released on bail subject to personal bond and two reliable sureties of like amount.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11974 of 2021
Applicant :- Sugam Kant Garg Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Sugam Kant Garg, who is involved in Case Crime No. 445 of 2018, under Sections 420, 465, 468, 120-B I.P.C. P.S.- Sadar Bazar, District- Meerut.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the co-accused, whose role was identical has already been granted bail by the court below while bail application of the applicant has been rejected on the ground that process under Section 83 Cr.P.C. has been issued against the applicant. The applicant has been languishing in jail since 10.02.2021 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Sugam Kant Garg , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) 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, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 19.3.2021 Prajapati
1 issue framed by the court
Whether the applicant, with no criminal antecedents and after co-accused granted bail, is entitled to bail in the present proceedings.
Sugam Kant Garg
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
