(C. M. Application No.140826 of 2019) Heard learned counsel for appellant, learned A.G.A. on the application for bail and perused the record of the appeal.
Appeal has been filed against judgment and order dated 25.10.2019 passed in Criminal Case No.835 of 2017 (State vs. Sudhkar Rastogi and Others ) arising out of Case Crime No.7 of 2017, under Sections 420, 467, 468 and 471 IPC, Police Station A.T.S. District Lucknow.
Learned counsel for appellant submits that the learned court below has mis-appreciated itself in reading the evidence on record. It is submitted that initially first information report had been lodged against appellant under Sections 419, 420, 467, 468, 471, 120-B IPC and Section 12 of Passport Act. It has been submitted that allegations made against appellants alongwith others were with regard to forgery being committed of passport and documents required for purposes of passport. It has also been submitted that initially appellants who were agents of the passport office were indicted alongwith other officials of the passport office as such Sri Sudhakar Rastogi. Learned counsel for appellant has also submitted that by means of the impugned judgment, appellants have been exonerated from the charges under Sections 419, 120-B IPC and Section 12 Passport Act. With regard to remaining sections, the maximum punishment provided is only three years. It has also been submitted that at present appellants have been granted interim bail by means of order dated 25.10.2019. It has been submitted that exoneration of appellants particularly under Sections 120-B IPC and Section 12 Passport Act renders the very basis of allegations against appellants nugatory. Even otherwise it has been submitted that maximum sentence of period being three years, appellants are entitled to be enlarged on bail.
Learned A.G.A. opposed the bail application.
In view of submission raised by learned counsel for appellant, this Court finds this to be a fit case for grant of bail. Accordingly the bail application is allowed.
Let the accused appellant/applicant Javed Naqvi involved in Criminal Case No.835 of 2017 be released on bail subject to the condition that he will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
Learned trial court shall send one set of photostat copies of bail bonds to this Court immediately after accepting them. Original bail bonds be kept in the concerned court.
Order Date :- 29.11.2019 Subodh/-
Case :- CRIMINAL APPEAL No. - 2297 of 2019 Appellant :- Javed Naqvi Respondent :- State of U.P.
Counsel for Appellant :- Manoj Kumar Dixit,Badrus Saher Counsel for Respondent :- Govt. Advocate Hon'ble Manish Mathur,J.
Admit.
Summon the lower court record.
Learned AGA may file objections within period of two weeks.
List thereafter.
Order Date :- 29.11.2019 Subodh/-