In this bail application under Sections 419, 420, 467, 468, 471, 120-B IPC, the Court allowed the release of the applicant on bail upon furnishing a surety, noting the lack of recovery and similarity of role to a co-accused already on bail.
Release on personal bond and two sureties subject to specified conditions: no tampering with evidence or witnesses.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38291 of 2022
Applicant :- Nirmal Chaurasiya Opposite Party :- State of U.P. Counsel for Applicant :- Suraj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 261 of 2020, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Cantt., District Varanasi, with the prayer to enlarge the applicant on bail.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is not named in the first information report. The name of the applicant has surfaced on the basis of statement of co-accused Anurag Pandey. The only allegation against the applicant is that he along with other coaccused persons had indulged in preparing forged documents. No recovery whatsoever has been made from the possession of the applicant. Learned counsel for the applicant further submitted that the role of the applicant is identical to that of coaccused Veerendra Kumar Dubey, who has already been granted bail by co-ordinate Bench of this Court vide order dated 06.09.2021 passed in Criminal Misc. Bail Application No. 1815 of 2021, therefore the applicant is also entitled to be released on bail. The case of the applicant is distinguishable from the case of main accused Anurag Pandey. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 19.07.2022. The applicant does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case
for bail. The bail application is allowed.
Let the applicant Nirmal Chaurasiya, involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:
(1) The applicant will not tamper with the prosecution evidence during the trial.
(2) The applicant will not influence any witness.
(3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4) The applicant shall not directly or indirectly make any 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.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 14.9.2022 Sazia
Digitally signed by SAZIA AQUIL Date: 2022.09.14 16:58:24 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the nature of charges and lack of recovery.
Whether the applicant's role is comparable to a co-accused already granted bail justifying release.
Nirmal Chaurasiya
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
