In a bail application under Sections 323, 504, 506, 406, 419, 420, 467, 468, and 471 IPC, the court granted bail to a 68-year-old retired Indian Army personnel simpliciter.
Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34404 of 2021
Applicant :- Ravindra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Pratap Singh,Mohan Kant Baghel,Noor Muhammad,Vijay Tripathi,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Abhay Pratap Singh,Mohan Kant Baghel
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Yogesh Kumar Srivastava, the learned counsel for the applicant, Sri D.K. Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 103 of 2019, under Sections 323, 504, 506, 406, 419, 420, 467, 468, 471 IPC, Police Station Firozbad South, District Firozabad.
3.The aforesaid case has been registered on the basis of a first information report lodged against 12 named accused persons, including the applicant, alleging that the informant had invested some amount in Sharda.Infra Developers Ltd., but he was not paid the amount payable to him by the company upon maturity.
4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 21.06.2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
5.The allegation made in the FIR is that the informant had made some investments in Sharda.Infra Developers Ltd. and although the FIR makes a mention of the of the applicant's name, neither his designation in the company mentioned in the FIR nor has any act committed by the applicant being mentioned in the FIR so as to make out a case for commission of an offence by him.
6.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute
the aforesaid aspects of the matter.
7.Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant is a 68 years old retired from the Indian Army and that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.
8.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
9.Let the applicant Ravindra Singh be released on bail in Case Crime No. 103 of 2019, under Sections 323, 504, 506, 406, 419, 420, 467, 468, 471 IPC, Police Station Firozbad South, District Firozabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 22.11.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.11.29 18:17:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the instant criminal case given his age, lack of criminal history, and the deficiencies in the FIR allegations against him?
1 provisions across 1 enactments
Ravindra Singh
State of U.P.
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
