Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12206 of 2019 Applicant :- Chandrashekhar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Kumar Singh Rajawat,Amit Daga,Ashok Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the allegation made in the FIR are incorrect since in the summoning order of the Judicial Magistrate dated 08.09.2017, it has been mentioned that the original cheque was filed along with complaint and therefore there is no question of tearing the cheque after snatching the same from counsel for the complainant. It has been submitted that the original cheque and memo were already on record and the applicant has been falsely implicated since he is brother of the accused in the Complaint Case No. 139 of 2017, under Section 138 of Negotiable Instruments Act. The applicant is in jail since 02.02.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Chandrashekhar Singh, be released on bail in Case Crime No. 54 of 2019, under Sections- 204, 228, 353, 506 and 477 IPC, Police Station- Mauranipur, District- Jhansi, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Rohit