The Single Judge granted bail to the applicant, Ravindra Kumar, who was charged with cheating, forgery, and money laundering. The court cited case law and noted that co-accused were already on bail and noted the applicant's cooperation.
Bail granted on personal bond and two sureties upon furnishing specified conditions and cooperation with trial.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20362 of 2021
Applicant :- Ravindra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Hari Narayan Singh, learned counsel for the applicant, Sri Azad Singh, learned AGA, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that the co-accused namely Manish Kumar Dahiya has been enlarged on bail by Hon'ble Apex Court vide order dated 16.8.2021 passed in Criminal Appeal No.830-837 of 2021 (arising out of SLP (Crl.) Nos.4914-4921/2021, a copy of said order has been produced by learned counsel for the applicant which is taken on record. It is next contended that coaccused namely Ashish Joshi and Reena Verma have already been granted bail by another Bench of this Court vide order dated 23.7.2021 and 25.8.2021 passed in Criminal Misc. Bail Application No.18078 of 2021 and 18756 of 2021, a copy of said orders has been produced by learned counsel for the applicant which is taken on record and the case of the applicant stands on identical footings. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 22.8.2020. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.8 of the affidavit accompanying this bail application.
Learned A.G.A. has vehemently opposed the prayer.
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.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Ravindra Kumar , be released on bail in Case Crime No.565 of 2020, under Sections- 420, 467, 468, 471, 409, 411, 120B I.P.C., Police Station- Phase-III, District- Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.9.2021 Dev/-
2 issues framed by the court
Whether bail should be granted to the applicant given allegations of false implication and co-accused already freed on bail.
Whether the applicant meets bail conditions considering the severity of charges and nature of evidence.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Ravindra Kumar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
