This order grants bail to the applicant in a criminal case involving cheating and forgery. The court released him on a personal bond with two sureties, subject to conditions regarding tampering with evidence and cooperation in the trial.
Release on bail with a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36078 of 2021
Applicant :- Vijay Kumar Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant Vijay Kumar Prajapati a prayer to release him on bail in Case Crime No. 470 of 2021, under Sections 419/420/467/468/471 IPC, Police Station Kotwali Nagar, District Banda, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that for doing private job applicant was residing in Banda since two year. He next submits that F.I.R. reveals that the alleged applicant and another co-accused deposited a cheque amounting to Rs. 1,90,000/- whereas the said cheque was of Rs. 1,19,000/and there are major contradictions in the statement recorded u/s. 161 Cr.P.C and as per prosecution story is totally false and concocted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 20.07.2021 having no criminal history.
Learned AGA for the State has opposed the prayer for bail.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing
any opinion on the merits of the case, let the applicant Vijay Kumar Prajapati involved in the aforesaid crime 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 that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.9.2021 Vikram
1 issue framed by the court
Whether the applicant is entitled to be released on bail pending trial in a cheating and forgery case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Vijay Kumar Prajapati
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
