The court granted bail to the applicant Sumit Kumar Awasthi in a criminal case involving charges of cheating and forgery. The application was allowed without commenting on the merits, finding it a fit case for bail with specific conditions.
Release of the applicant on bail on furnishing a personal bond and two reliable sureties with standard undertakings.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4526 of 2021
Applicant :- Sumit Kumar Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Sumit Kumar Awasthi, who is involved in Case Crime No. 46 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C. P.S.- Achhalda, District- Auraiya.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant has been shown in the FIR as District Incharge of Paddy Purchase Centre, while District Incharge of Paddy Purchase Centre was one Mr. Shivam Kumar, in this regard authority letter which is Annexure-3 to the affidavit has also been issued to Mr. Shivam Kumar. The applicant was on supervisory post and has no concerned with others.
Learned A.G.A. vehemently opposed the prayer for bail.
Annexure-3 to the affidavit is the authority letter issued by the Divisional Manager, CCF, Kanpur, U.P. which reveals that Shivam Kumar was authorized as District Incharge, Auraiya to undertake the work relating to procurement of Paddy under MSP and supply of Kharif marketing Session 2019-2020. In the FIR itself the detail allegations which are made against the applicant and co-accused are also of the year 2019-20.
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), Sumit Kumar Awasthi , 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 :- 21.1.2021 Prajapati
2 issues framed by the court
Whether the accused is eligible for bail in a case involving sections 419, 420, 467, 468, 471 I.P.C.
Whether the applicant can be released on bail by furnishing a personal bond and two reliable sureties.
Sumit Kumar Awasthi
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
