Allowed

Ram Sewak v. State of U.P.

Allahabad HC12 Sept 2022BAIL/29766/2022

Case brief

AI extract

What is this about?

Court granted bail to Ram Sewak in a cheating and forgery case. The judge noted the applicant's claim of false implication in a civil dispute and found sufficient merit for bail, imposing standard conditions regarding evidence tampering and trial cooperation while referencing a Supreme Court precedent.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties in the like amount.

Ram Sewak Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29766 of 2022

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Applicant :- Ram Sewak Opposite Party :- State of U.P. Counsel for Applicant :- Sachida Nand Tiwari,Murli Dhar Mishra

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Counsel for Opposite Party :- G.A.,Mata Pher

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.0144 of 2019, registered under Sections 419, 420, 506, 193 I.P.C., Police Station & District Siddharth Nagar during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. In the present case, dispute pertains to civil in nature. Allegation against the applicant is that the applicant and co-accused have mutated their names in the revenue record. Applicant is owner of the disputed property and civil/revenue cases are pending between the parties. The applicant has no previous criminal antecedents. The applicant is languishing in jail since 22.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. as well as learned counsel for the informant vehemently opposed the bail prayer of the applicant and submitted that the applicant has involved in making forged and fictitious papers, hence, he is not entitled for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ram Sewak, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal

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bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 12.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.13 17:08:27 IST Reason: Location: High Court of Judicature at Allahabad

Ram Sewak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Sewak v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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