Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56351 of 2019 Applicant :- Subhash Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay,Raju Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 768 of 2019, under Sections 419, 420, 467, 468, 471, 120B IPC, P.S. Kotwali, District- Fatehpur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that main allegation against the applicant is that in the examination of B.T.C./D.El.Ed. 2017 applicant was appearing in place of Vivek Singh. On apprehending the applicant, forged admit card and Aadhar card of Vivek Singh were recovered from his possession, whereas Vivek Singh was not present at the spot. It is further submitted by learned counsel for the applicant that applicant has been falsely implicated in this case. It is vehemently urged that no prudent person can believe the prosecution case that applicant was giving aforesaid examination in place of Vivek singh, because Vivek Singh is senior to the applicant. Vivek Singh is student of IV semester, while applicant is student of II sememster of D.El.Ed course. Applicant has no criminal history. The applicant is languishing in jail since 14.11.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Subhash Singh, 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 with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 18.12.2019 AK Pandey