Single judge granted bail to Ravish Kumar charged with cheating and criminal intimidation. Court held applicant made out a case for bail considering false allegations, co-accused bail parity, and delay in trial trial.
Released on bail by furnishing personal bond with two sureties of Rs. 2 lakhs each.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 883 of 2023
Applicant :- Ravish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Srivastava,Shiv Kumar,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.
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 a concocted and false story has been set up by the prosecution whereas the applicant is not involved in the offence as alleged in the F.I.R. It is further submitted that co-accused Mamta Yadav having similar allegation to that of accused applicant has been granted bail by this Court vide order dated 15.03.2023 passed in Criminal Misc. Bail Application No. 56505 of 2022 and the applicant is claiming parity of it. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 22 of the affidavit filed in support of the bail application. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. 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 15.09.2022.
Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he has not disputed the aforesaid facts.
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, looking to the delay in conclusion of trial in near future, grant of bail to the co-accused and without expressing any opinion on the merits of the case this Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ravish Kumar involved in Case Crime No. 936 of 2021, under Sections 420, 504, 506, 409 I.P.C., Police Station Civil Lines, District Moradabad be released on bail on his furnishing a personal bond with two sureties (Rupees two lakhs each and one should be of family member) 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.
Order Date :- 11.4.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, charged under Sections 420, 504, 506, and 409 IPC, is entitled to bail considering false implications and parity with a co-accused.
Ravish Kumar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
