Point of Law: Criminal Conspiracy and Cheating - Bail granted - Nature of evidence, prima facie satisfaction of Court in support of charge and without expressing any opinion on merits of case, court find it to be a case of bail.

JUDGMENT :

1. Heard the counsel for the applicant and the learned Additional Government Advocate for the State of Uttar Pradesh.

2. This bail application has been filed under Section 439 Cr.P.C. seeking bail in Case Crime No. 64 of 2021 under Sections 420, 467, 468, 471, 120B I.P.C at Police Station Kaushambi District Ghaziabad during the pendency of trial.

3. It has been submitted by the counsel for the applicant that no recovery was made from the applicant and a false recovery memo was prepared. There is no independent witness to the recovery referred in the First Information Report. It was further brought to the notice of the Court by the counsel for the applicant that Pawan Kumar who has been assigned similar role as that of the applicant has already been granted bail vide order dated 19.5.2021 passed by this Court in Criminal Misc.Bail Application No.19707 of 2021. The applicant is in jail since 2.2.2021.

4. The Additional Government Advocate has opposed the bail application of the applicant.

5. Having heard the submission of the counsel and after perusing the records and also after considering the nature of evidence, prima facie satisfaction of the Court in support of the charge and without expressing any opinion on the merits of the case, I find it to be a case of bail.

6. Let the applicant -Ajay Kumar S/o Kailash Chandra be released on bail in Case Crime No. 64 of 2021 under Sections 420, 467, 468, 471, 120B I.P.C at Police Station Kaushambi District Ghaziabad on furnishing of personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned subject to the condition that the applicant will attend and cooperate in trial proceedings on the date fixed after release and will not tamper with the witnesses and shall not indulge in any illegal activity during the bail period.

7. It is further clarified that the observations made in this order are strictly confined to the disposal of the present bail application and must not be construed to have any reflection on the ultimate merits of the case.

8. It is also clarified that in case of breach of any condition by the applicant as specified above, the same shall be a ground for cancellation of bail. It is further clarified that if any fact mentioned by the counsel for the applicant in the affidavit/bail application or stated orally is found to be false, the learned AGA or the complainant would be at liberty to move an application for cancellation of bail.

9. The party shall file a computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court shall verify the authenticity of such computerized copy of the order from the official website of the High Court, Allahabad and shall make a declaration of such verification in writing.