Court No. - 26 Case :- BAIL No. - 4724 of 2010 Petitioner :- Satyaveer Singh Respondent :- State Of U.P. Petitioner Counsel :- Dharm Trivedi Respondent Counsel :- Govt. Advocate Hon'ble Dharam Veer Sharma,J.
Heard learned counsel for the applicant and learned Additional Government
Advocate. Perused the FIR and other relevant papers filed in support of the
bail application through which it transpires that the FIR was lodged on
17.3.2010 regarding an incident which took place on the same day but the
date and time is not mentioned. The applicant has been involved in this case
for committing the offence of cheating and making fabrication in the record. It
is alleged that he fraudulently took away Rs.35,000/- from the complainant
out of which Rs.10,900/- was recovered from the possession of Bunti Singh
and Rs.13,000/- was recovered from the possession of the applicant. The
applicant claim that the money belongs to him. Co-accused has already been
enlarged on bail.
Considering the circumstances of the case it transpires that in the FIR not
even a single witness has been mentioned in whose presence the money was
paid. It has also not been mentioned as to how the complainant came in
contact with the applicant and prepared to go for agreement. There is nothing
on record to show that the applicant has ever misused the bail in past.
Considering the totality of the circumstances the applicant shall be released on
bail on his furnishing a personal bond of Rs.1,00,000/- with two sureties each
in the like amount to the satisfaction of court concerned. However, it will be
open for the learned Chief Judicial Magistrate concerned that in case if it is
found that the applicant has misused the bail and in case any charge sheet is
submitted he would be at liberty to assess the role of the applicant and may
pass appropriate orders even without making any reference to this Court.
Order Date :- 21.7.2010
Irfan