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2020 (10) TMI 470 - HC - Indian LawsGrant of Bail - Dishonor of Cheque - cheque is alleged to have bounced in the year 2015 and no efforts were made by the informant to file complaint. After three of years, FIR has been lodged on the basis of false allegation against the applicant - HELD THAT - Larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of DATARAM SINGH VERSUS STATE OF UTTAR PRADESH AND ANR. 2018 (2) TMI 410 - SUPREME COURT and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the conditions imposed - application allowed.
Issues: Bail application in Case Crime No.793 of 2018 under Sections 419, 420, 506 IPC.
Analysis: The bail application was filed on behalf of the applicant, seeking release in a case involving allegations of taking money from the informant, bouncing a cheque, and subsequent partial payment. The applicant claimed false implication, highlighting the delay in filing a complaint under Section 138 Negotiable Instruments Act despite the alleged cheque bounce in 2015. The applicant, with no prior criminal record, had been in custody since August 17, 2020. The learned AGA opposed the bail plea. Considering the material on record, the court referred to the constitutional mandate of Article 21 and the Supreme Court's ruling in Dataram Singh Vs. State of U.P. The court, without delving into the case's merits, granted bail to the applicant. The bail was subject to conditions, including non-tampering with evidence, cooperation in the trial process, refraining from criminal activities, and compliance with bail terms upon the end of any short-term bail granted by the Supreme Court's committee. The applicant was to provide a personal bond and two sureties, with variations based on the court's functioning status. The order's authenticity verification was mandated, with breach leading to bail cancellation.
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