Joginder Tyger v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50117 of 2023 Applicant :- Joginder Tyger Opposite Party :- State of U.P. Counsel for Applicant :- Somya Chaturvedi,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Gopal Swarup Chaturvedi, learned senior advocate assisted by Ms. Somya Chaturvedi, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application, applicant seeks bail in Case Crime No.01 of 2018, under Sections 409, 420, 467, 468, 471, 120B IPC, Police Station EOW, Sector-Kanpur Nagar, District Jalaun, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the applicant is has been falsely implicated in the present case. The applicant has left the company in the year 2008 whereas the fraud has been committed in the year 2011. He, therefore, argues that the cause of action of this case arises in the year 2011. It is next contended that when the applicant had no concern with the concerned company after 2008, therefore, he cannot be held responsible for the offence committed in the year 2011. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since

25.07.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the learned counsel for the applicant, from the record.

¶5Having regard to the facts, circumstances and the submissions made by the rival parties but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Joginder Tyger, involved in the aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 1.12.2023 Shahroz High Court of Judicature at Allahabad