This judgment grants bail to the applicant, Vijay Pratap Singh, in a cheating and forgery case. The court held that the applicant had made out a case for bail, allowing his release on a personal bond with sureties under specific conditions.
Release of the applicant on bail by furnishing a personal bond with two sureties each.
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.
Neutral Citation No. - 2023:AHC:105693
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4569 of 2023
Applicant :- Vijay Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sarvanand Pandey,Akhilesh K. Dwivedi,Ramdeo Mani Tripathi Counsel for Opposite Party :- G.A.,Birendra Kumar Mishra,Byas Kumar Prasad
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant is running an Institute in the name and style of Janai Para-Medical Nursing Science Institute, approved by Abdul Kalam Group of Education, at Hata, Kushi Nagar. It is contended that applicant has no role to play in issuance of mark-sheet/certificate for the various courses which is being run by Abudl Kalam Group of Education rather applicant is only running study center which is authorized by aforesaid group and applicant has never given impression that the certificate/mark-sheet issued are valid or recognized for the purposes of securing jobs in public sector. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 29.09.2022.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that applicant has criminal history of three cases.
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, delay in conclusion of trial, and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vijay Pratap Singh involved in Case Crime No.38, of 2022, under Sections- 419, 420, 467, 468, 471, 120-B, IPC, Police Station- Kotwali-Hata, District- Kushi Nagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 15.5.2023 Vikram
Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is eligible for bail considering the nature of the offence and his criminal history.
Whether the applicant has made out a case for bail on grounds of false implication and possession of an institute.
Whether the bail should be granted on a personal bond with sureties and specific conditions.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherExplained¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Vijay Pratap Singh
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
