Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18668 of 2021 Applicant :- Rajeev Goyal Opposite Party :- State of U.P.
Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 43 of 2015, under Section 420, 467, 468, 471, 406 IPC, Police Station Ganganagar, District Meerut, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. He has not committed the alleged offence. He further submitted that the applicant and complainant were partners and doing property dealing work with each other. No specific date has been shown in the FIR with regard to transaction of money. He further submitted that the applicant has not made any forged documents nor he has given any bonds to the complainant and the complainant has falsely implicated the applicant only to harass and torture him. The complainant has not deposited any amount in the account of the applicant. The applicant has no motive to commit the alleged offence. He next submitted that the applicant is languishing in jail since 01.01.2021.
Per contra, learned A.G.A. opposed the prayer for bail however, he did not dispute the fact as raised by learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the FIR was lodged on the basis of an application under Section 156 (3) Cr.P.C., without expressing any opinion on merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Rajeev Goyal be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of the High Court, Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the parties concerned.
The concerned authority/court/official shall verify the authenticity of the computerized copy of the order from the official website of the High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 v.k.updh.