Single judge High Court allowed bail to the applicant in a criminal case involving cheating and forgery charges, imposing standard surety and conduct conditions without engaging in merits of the case.
Release on bail upon furnishing personal bond and two sureties with conditions against tampering and ensuring court appearance.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52300 of 2022
Applicant :- Karan @ Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Shukla Counsel for Opposite Party :- G.A.,Arvind Kumar Tiwari
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 595 of 2022 at Police Station- Tundla, District- Firozabad under Sections 420, 467, 468, 471, 120B IPC. The applicant is in jail since 08.10.2022.
The bail application of the applicant was rejected by the Sessions Judge, Firozabad on 04.11.2022.
The following arguments made by Shri Lavkush Kumar Shukla, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned AGA and Sri Arvind Kumar Tiwari, learned counsel for the informant from the record, entitle the applicant for grant of bail:
(1). The applicant did not impersonate the owner of the disputed parcels of land.
(2). The applicant is neither a vendor nor a witness to the offending sale deed.
(3). The applicant is not a beneficiary of any illicit transactions.
(4). Explaining the criminal history of the applicant it is contended that the applicant has been falsely implicated in the said cases. The said
criminal cases do not depict commission of any heinous crime and have no any bearing on the instant bail application.
(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Karan @ Bhola be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 4.1.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant in the impugned criminal case.
Karan @ Bhola
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
