The Single Judge allowed the bail application of Manish Pandey in a cheating case with compromise made by the informant, directing release on personal bond with two sureties.
Released on personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19786 of 2021 Applicant :- Manish Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Tripathi Counsel for Opposite Party :- G.A.,Dushyant Singh Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, compromise has taken place between the first informant and applicant and now no controversy has been resolved in this case. Compromise grounds has been explained in paragraph no.2 to the supplementary affidavit filed in support of this application. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 13.02.2021 in the present case.
Sri Dushyant Singh, learned counsel for the informant has no objection, if this bail application is allowed. He has also supported the compromise deed which has been explained by the learned counsel for the applicant in paragraph no.2 to the supplementary affidavit.
Also heard the learned A.G.A.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Manish Pandey involved in case crime no.38 of 2020, under Sections 420, 406 IPC, Police Station Chetganj, district Varanasi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.10.2021/Raj
1 issue framed by the court
Whether bail should be granted in a case involving Sections 420, 406 IPC where a compromise has been reached between the informant and the applicant.
Manish Pandey
Arvind Kumar Mishra
As recorded by the court registry
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