Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Shahnawaz Hasan, who is involved in Case Crime No. 101 of 2020, under Sections 420, 467, 468, 471 I.P.C. P.S.- Kotwali Kannauj, District- Kannauj.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that as per F.I.R. version one Junaid Ahmad proposed to establish Ultrasound centre, in which the applicant was designated as Radiologist. It is also averred that the diploma certificate of the applicant appended along with application form was fake. The Investigating Officer has also communicated to the University concerned to verify the diploma and it was communicated by the University that the degree as well as diploma of the applicant were fake. The applicant has committed no offence as alleged in the F.I.R.. If the prosecution case taken as true, it is an attempt to commit cheating by co-accused. The applicant has no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail.
From the perusal of the F.I.R., it is found that co-accused Junaid Ahmad had applied for license of Ultrasound centre on the basis of the documents of the applicant, who is alleged to be a Radiologist in the proposed Ultrasound centre. Charge-sheet has been filed in this case and there is no apprehension of tampering with the evidence or threatening the witnesses. The applicant is languishing in jail since 10.11.2020.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Shahnawaz Hasan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 4.2.2021 AK Pandey