This court allowed an anticipatory bail application filed by Manoj Kumar accused of forgery and cheating. The court ignored the absence of a counter affidavit and granted bail subject to standard conditions.
Release on bail with furnishing of personal bond and two sureties in like amount subject to specified conditions.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6248 of 2022
Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sudist Kumar,Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Narendra Singh, learned counsel for the applicant and learned A.G.A for the State.
By the order dated 12.05.2022, learned A.G.A was granted six weeks time to file counter affidavit but no counter affidavit has been filed till date.
It is alleged that the applicant was working as Clerk in the Sessions Court, Etah and has forged signature of the Incharge, Presiding Officer on release order of an accused.
Counsel for the applicant submits that the applicant was posted on the alleged post since 2015 and there was no complaint against him. The applicant has been falsely implicated in this case. He is in jail since 08.11.2021 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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, Manoj Kumar, involved in Case Crime No. 630 of 2021, under Sections- 420, 467, 468, 471 IPC, Police Station- Kotwali Nagar, District- Etah, 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, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 11.7.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.07.13 18:38:10 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for bail despite nature of offence and lack of counter affidavit.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶10
(2018)3 SCC 22 · Who else cites this
5 provisions across 2 enactments
Manoj Kumar
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
