Bail application filed by Vikas Singh in an FIR for cheating, forgery, and criminal breach of trust. Court found the applicant made out a case for bail and granted release on personal bond and sureties subject to standard conditions.
Release on bail on furnishing a personal bond and two sureties in the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8635 of 2022
Applicant :- Vikas Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh,Anuj Srivastava,Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Mr. Anuj Srivastava, learned counsel for the applicant, Mr. Mohd. Shoib Khan, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant-Vikas Singh with a prayer to release him on bail in Case Crime 140 of 2021 under Sections 419, 420 and 409 IPC, Police Station-Chetganj, District-Varanasi during pendency of trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case It is further submitted that from reading the first information report, no offence under Sections 419, 420 and 409 IPC is made out against the applicant as ingredient of Sections 419, 420 and 409 IPC are not fulfilled. It is further submitted that applicant has criminal history of several cases, which has properly been explained in supplementary affidavit. He further seeks parity in relief granted to co-accused Pradeep Yadav, who has already been granted bail by Coordinate Bench of this Court vide order dated 11.04.2022 passed in Crl. Misc.12204 of 2022, therefore he is also entitled to be released on bail. Applicant is languishing in jail since 30.08.2021.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Vikas Singh involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.5.2022
PS
Digitally signed by PRITI SHARMA Date: 2022.05.16 16:33:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant Vikas Singh is entitled to release on bail in case Crime 140 of 2021.
Whether the applicant makes out a prima facie case to justify bail under Sections 419, 420 and 409 IPC.
1 provisions across 1 enactments
Vikas Singh
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
