Bail application allowed for applicant falsely implicated in cheating case, holding him a victim who lost property due to impersonation by main accused, with minimal conditions imposed.
Released on bail on furnishing personal bond and two sureties each in like amount subject to conditions against tampering and influencing witnesses.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17038 of 2021
Applicant :- Arun @ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.,Onkar Singh
Hon'ble Ajay Bhanot,J.
Heard Shri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Indra Prakash Srivastava, learned A.G.A. for the State and Sri Onkar Singh, learned counsel for the complainant.
A first information report was lodged as Case Crime No.292 of 2020 at Police Station-Doghat, DistrictBaghpat under Sections 420, 467, 468, 471 IPC.
The bail application of the applicant was rejected by learned Ist Additional Sessions Judge, Baghpat on 15.03.2021.
The applicant is in jail since 11.02.2021, pursuant to the said F.I.R.
Shri Akhilesh Kumar Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a victim and not a beneficiary. The applicant was misled by one Ram Kishore and Nand Kishore, who are the main accused and impersonated as the lawful owners of the disputed property. The applicant believed their representation and purchased the property. In the process, he also took a loan for paying the sale consideration. Apart from the instant case, the
applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Sri Indra Prakash Srivastava, learned A.G.A. for the State and Sri Onkar Singh, learned counsel for the complainant could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
It is clarified that the case of the applicant stands on a better footing than the main accused-Ram Kishore and Nand Kishore, who had in fact impersonated as the
owners of the disputed property though the true owner died in the year 2011.
Let the applicant-Arun @ Monu involved in Case Crime No.292 of 2020 at Police Station-Doghat, District-Baghpat under Sections 420, 467, 468, 471 IPC, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 1.12.2021
Ashish Tripathi
2 issues framed by the court
Whether the application for bail be allowed in a cheating and forgery case where the applicant is not the main beneficiary of the forgery and has no prior criminal record.
Whether the conditions of bail including a personal bond with sureties should be imposed in the present case.
Arun @ Monu
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
