Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34966 of 2018 Applicant :- Vishesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Yadvendra Singh,Atmaram Nadiwal Counsel for Opposite Party :- G.A.,Vipin Kumar
Hon'ble Siddharth,J.
Heard Shri Dharmendra Singhal and Shri Yadvendra Singh, learned counsels for the applicant, learned A.G.A. for the State and Shri Vipin Kumar, learned counsel for the informant.
The allegation in the first information report, lodged after orders under Section 156(3), Cr.P.C., is that the applicant by forging signatures of the first informant, his wife and daughter-in-law in the year 2012 got a society registered. This fact came to the knowledge of the informant only when the renewal of the society was applied and therefore, he has lodged the first information report. There is no allegation of any monetary gain against the applicant. The applicant has no criminal history.
It has been submitted that the dispute is purely of civil nature and it is required to be decided by the authority designated under the Societies Registration Act. The lodging of first information report is an abuse of the process of law and the applicant has been falsely implicated. The applicant is in jail since 18.7.2018.
On the other hand learned AGA and learned counsel for the informant have opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vishesh Kumar involved in Case Crime No.200 of 2017, under Sections 419, 420, 467, 468, 471, 504, I.P.C, Police Station Dholna, District Kasganj 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.9.2018 T. Sinha