Alok Kumar v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48328 of 2023 Applicant :- Alok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Supplementary Affidavit filed in court is taken on record.

¶2Heard learned counsel for the applicant, learned AGA and perused the record.

¶3The accused-applicant seeks bail in Case Crime No.489 of 2023 under sections 420, 467, 468, 471, 120-B IPC, P.S. Kotwali District Ghaziabad.

¶3The FIR in question was lodged after about four years on 16.09.2023 alleging that sometimes in the year 2019, funds were withdrawn on the basis of the forged signature. It is argued that the applicant has no criminal history.

¶4Considering the inordinate delay in lodging the FIR coupled with the fact that the applicant has no criminal history and the offence is to be established based upon the documentary evidence, the applicant who is in jail since 17.09.2023 is entitled for the bail. Thus the bail application is allowed.

¶5Let the applicant Alok Kumar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 9.11.2023 VNP/- High Court of Judicature at Allahabad