Single judge High Court allowed bail application under Section 439 Cr.P.C. in a cheating and forgery case. Court released applicant on personal bond and two sureties subject to standard conditions despite lack of merit discussion.
Release on bail via personal bond and two sureties subject to standard conditional bail.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52367 of 2022
Applicant :- Vishal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 472 of 2021, under Sections 419, 420, 406, 506, 467, 468, 471, 120B I.P.C., Police Station- Sigra, District- Varanasi during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. The applicant was not named in the first information report. The name of the applicant surfaced during the investigation. No recovery as alleged in the first information report was made from the applicant. There is no independent witness to the recovery. It is next contended that named coaccused, Jasbeer Kaur and Anshu Gupta @ Lala Gupta, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 38060 of 2022 and 30080 of 2022 vide orders dated 01.09.2022 and 22.07.2022. The criminal history of the applicant has been explained in para no. 12 of the affidavit. The applicant is in jail since 21.09.2021. In case, he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Vishal Sharma , involved in the aforesaid case 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 the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.1.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant entitled to bail under Section 439 Cr.P.C. given allegations of false implication and co-accused bail.
Whether applicant has sufficient grounds for bail in a cheating and forgery case.
What conditions precedent for release on bail are necessary in the present case.
1 provisions across 1 enactments
Vishal Sharma
State of U.P.
Vivek Varma
Aditya Kushwaha
As recorded by the court registry
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