Held a fit case for bail in a case involving cheating and forgery. Granted bail on personal bond with two sureties subject to conditions not to tamper with evidence or pressurize witnesses.
Accused released on bail by furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3896 of 2021
Applicant :- Anil Kumar Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Sri Nishant Mehrotra, Advocate, has filed Vakalatnama on behalf of informant, the same is taken on record.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Anil Kumar Agrawal, who is involved in Case Crime No. 64 of 2020, under Sections 420, 467, 468, 471 I.P.C. P.S.- Amroha Dehat, District- Amroha.
Learned counsel for the applicant has submitted that in regard to the matter in dispute the civil suits are pending between the parties before the competent civil court. The matter was also litigated upto the DRT. The applicant is a retired Bank Manager and has no criminal antecedents. The applicant is languishing in jail since 19.12.2020.
Learned A.G.A. as well as learned counsel for the informant vehemently opposed the prayer for bail.
Admittedly the civil suits are pending between the parties. The offence alleged is triable by the Court of Magistrate.
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), Anil Kumar Agrawal , 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 :- 20.1.2021 Prajapati
1 issue framed by the court
Whether the accused is a fit case for bail in a case under Sections 420, 467, 468, 471 I.P.C. where civil suits are pending between the parties.
Anil Kumar Agrawal
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
