Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17688 of 2019 Applicant :- Kalicharan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Kalicharan has prayed to release him on bail in Case Crime No. 1241 of 2011, u/s 419, 420, 467, 468, 471, 120B I.P.C., P.S. Kotwali Mahoba, District Mahoba.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Accusation was that a loan in the name of real mother of accused applicant was sanctioned by concerned bank on the basis of forged and fictitious documents, prepared by accused applicant. Mother of accused applicant has died and accused applicant has deposited entire amount of Rs. 44,000/-, which was said due against him. The above statement has been recorded. There was no fraud by accused applicant. He is of no criminal antecedents. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Kalicharan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Kamarjahan