The High Court allowed a bail application for the applicant, Rajendra Singh, accused under various IPC sections for cheating and forgery. The court held that the applicant made out a case for bail, noting his lack of naming in the initial FIR and co-accused bail.
Release on bail with personal bond and two sureties subject to conditions and verification.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33369 of 2022
Applicant :- Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Himanshu Mishra Counsel for Opposite Party :- G.A.,Syed Ali Imam
Hon'ble Deepak Verma,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant; Sri Syed Ali Imam, learned counsel for the informant; learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.1113 of 2021, under Sections 420, 467, 468, 471, 506 & 120-B I.P.C., P.S. Beta- II Gautam Budh Nagar, District Gautam Budh Nagar, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; he is not named in the F.I.R.; his name surfaced in the confessional statement of co-accused Vikas Tomar, who is named in the F.I.R. It has further been submitted that co-accused Vikas Tomar has been granted bail by Co-ordinate Bench of this Court vide order dated 17.08.2022 passed in Crl. Misc. Bail Application No.27711 of 2022. A copy of the bail order has been produced by counsel for the applicant. Criminal history of the applicant has been explained in para-42 of the affidavit filed in support of the bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 22.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. as well as counsel for the informant vehemently opposed the bail prayer of the applicant.
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 the 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.
Let the applicant, Rajendra Singh, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.9.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.09.07 18:10:10 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a trial pending under sections 420, 467, 468, 471, 506 and 120-B IPC.
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
Rajendra Singh
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
