Hon'ble Karunesh Singh Pawar, J. allowed bail to Brijesh Kumar Awasthi in a forgery and cheating case. The court found prima facie ingredients of the offence missing and no specific role attributed to the applicant in the prosecution case.
Applicant released on bail subject to personal bond and two reliable sureties.
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Neutral Citation No. - 2024:AHC-LKO:68585
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2416 of 2024
Applicant :- Brijesh Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Dileep Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0023 of 2022 under Section 419, 420, 467, 468, 471 and 120-B, 386 and 506 IPC and Section 7A P.C.Act, Police Station S.I.T. District Lucknow.
In the prosecution case it is alleged that applicant along with co-accused persons by forging the signature of the informant has prepared a forged sale deed dated 9.12.1998.
Learned counsel for the applicant submits that general and sweeping allegations have been made in the FIR against him. There is no material with the prosecution that any forgery or cheating has been committed by the applicant. There is no material to show that any offence under P.C. Act has been committed by him. The applicant has explained the criminal history in paragraph 24 of the bail application. He is languishing in jail since 24.10.2022.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of the record as also the fact that the material collected by the prosecution does not indicate any specific role of the present applicant, the applicant is languishing in jail since 24.10.2022, prima facie ingredients to attract the offence under which chargesheet has been filed appeared to be missing so also the judgment passed by Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024, without
expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed .
Let the applicant be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 3.10.2024
Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the accused-applicant is fit for enlargement on bail considering the prosecution material and Supreme Court judgment.
Colour shows how this judgement treated each authority
3 provisions across 2 enactments
Brijesh Kumar Awasthi
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
