Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57290 of 2019 Applicant :- Subhash Opposite Party :- State of U.P.
Counsel for Applicant :- Amar Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amar Nath Pandey, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 837 of 2018 under Sections 7/13 (1)(D) 13/2, 8/9 P.C/ Act, 1988, Police Station Kotwali, District Mathura, during the pendency of trial.
The Submission made by the learned counsel for the applicant is that matter relates to forged two letters being issued by the accused-applicant of the above crime number. Accused applicant is one of the co-accused. It is falsely stated that applicant was mediator in this occurrence and that an amount of Rs. 17,000/- in cash and six forged appointment letters as well as Rs. 50,000/- from his other pocket, were recovered. There is no involvement of the accused applicant in this occurrence. The co-accused-Ravindra has already been granted bail by this Court in Crl. Misc. Bail Application No. 44341 of 2019, vide order dated 23.10.2019 whose case is at par with the case of the accused-applicant, hence parity is claimed. Accused-applicant has no criminal history. Accused is lying in jail since 19.6.2018. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Subhash 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 :- 20.12.2019 A.P. Pandey