Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33854 of 2021 Applicant :- Raj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Anupam Laloriya,Ankit Agarval,Mahesh Sharma,Vikas Srivastava Counsel for Opposite Party :- G.A.,Abhishek Gupta
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 569 of 2020, under Section 420, 467, 468, 471 of I.P.C. registered at P.S.- Ecotech-3, District- Gautam Buddh Nagar.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Applicant has not committed the alleged offence. Power of attorney has been issued in the name of applicant by Bijendra Kumar and his brother. Allegation of alleged forgery is absolutely false, baseless and misconceived. It is a case of civil nature. No fraud has been actually done by the applicant. The allegations levelled against the applicant are fully false and baseless and case under aforesaid Sections is not made out against him. The applicant is languishing in jail since 18.06.2021.
Per contra, learned A.G.A. and learned counsel for the complainant vehemently opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that in pursuance of the alleged power of attorney no document has been executed in favour of anybody, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Raj Kumar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 VPS