Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12117 of 2019 Applicant :- Surendra Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.,Narayan Singh(Kushwaha)
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Deepak Kumar Yadav, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No.1257 of 2018 under Sections 420, 467, 468, 471 IPC, Police Station-Kotwali, District-Etah.
3. Learned counsel for applicant contended that FIR has been lodged after more than one year of incident. It is contended that applicant has been falsely implicated. He has no criminal history. It is contended that applicant is in jail since 21.12.2018. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has vehemently opposed the bail
5. Applicant alleged to have made a fraud with complainant of taking money for providing employment to complainant's son and also a forged appointment letter has been handed over which was submitted to District Judge, Etah and was found forged. In supplementary affidavit filed by Surendra Singh-informant, it has been stated that applicant has criminal history and has committed similar offences of forgery with innocent persons earlier giving details of case registered as Case Crime No. 1165 of 2013 under Sections 419, 420, 467, 468, 471 IPC, in which a charge sheet has been submitted before Judicial Magistrate, Aligarh
6. Considering rival submissions of both sides and also looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
7. Application is, accordingly, rejected.
Order Date :- 28.11.2019 Ashish Pd.