The Court granted bail to applicants Ravikant Gupta and Dhiraj Agrawal charged with forgery and cheating. Bail was allowed in light of the single piece of evidence, a confessional statement by Agrawal, and the absence of prior criminal history.
Accused-applicants released on personal bond and two reliable sureties before A.C.J.M., Roorkee.
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BA No.1231 OF 2014 & BA No.1293 of 2014
Hon’ble U. C. Dhyani, J.
Mr. Sandeep Tandon, Advocate with Ms. Deepa Arya, Advocate present for the applicantRavikant Gupta in BA no.1293/2014.
Ms. Neetu Singh, Advocate present for the applicant-Dhiraj Agrawal in BA no.1231/2014.
Mr. Raman Kumar Sah, Deputy Advocate General present for the State.
The applicants seek bail in connection with Case Crime no.243/2014, under Sections 420, 467, 468, 471 IPC, P.S. Kotwali Gangnahar, District Haridwar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
An FIR was lodged against 7 named accused, but not against the present applicants, for the offences punishable under Sections 147, 148, 149, 307, 120-B IPC. What to talk of assigning any role to the present applicants in FIR, they were not even named in it. After the investigation of the case, a chargesheet was submitted against them for the offences punishable under Sections 420, 467, 468, 471 IPC. Although, a separate chargesheet was submitted against the other main accused for several offences, including the one under Section 302 IPC read with Section 120-B IPC, but a chargesheet against the present applicants was confined only to the Sections specified as above.
Learned Deputy Advocate General drew attention of this Court towards the confessional statement of Dhiraj Agrawal, which was
recorded by the Investigating Officer. In his statement, Dhiraj Agrawal said that he was running the business of distribution of Reliance Communication SIM in the name and style of Parth Enterprises. Ravikant and two others helped him in running such business. According to Dhiraj Agrawal’s confessional statement, Ravikant Gupta prepared a forged rubber stamp, activated 25 SIMs and thereby caused undue profit to Parth Enterprises. Dhiraj Agrawal did not object to using such fake rubber stamps made by Ravikant Gupta. In other words, Ravikant Gupta helped Dhiraj Agarwal in SIM activation.
If that is the only piece of evidence against the applicants, who have no previous criminal history and are in jail since 01.09.2014, this Court is of the opinion that they should be granted bail.
The bail application is allowed. Let the accused-applicants be released on bail on their executing a personal bond each and furnishing two reliable sureties, each of the like amount to the satisfaction of the A.C.J.M., Roorkee.
(U. C. Dhyani, J.)
Dated 18.12.2014
Rawat
1 issue framed by the court
Whether bail should be granted to accused applicants facing charges under Sections 420, 467, 468 and 471 IPC.
Ravikant Gupta
Dhiraj Agrawal
U. C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
