Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12528 of 2021 Applicant :- Sonu @ Sartaj Opposite Party :- State of U.P.
Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Keshari Nath Tripathi, learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 889 of 2020 under Sections 420, 467, 504 and 506 I.P.C., P.S. Katghar, District Moradabad.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; it is alleged that he was involved in preparing a forged receipt of Rs. 7,500/- which was the amount of insurance of vehicle of the informant of this case. He is innocent; he is in jail since 27.10.2020; he has criminal history of two cases which have been explained in para 13 of the paper book in which he has been granted bail, copy of one bail order is annexed at Annexure 4 and copy of other bail order is provided today and the same is taken on record; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that amount involved in this case is very meager, quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Sonu @ Sartaj involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 A. Mandhani