NAVEEN SINGH versus THE STATE OF UTTAR PRADESH & ANR.

NAVEEN SINGH versus THE STATE OF UTTAR PRADESH & ANR.

The High Court's grant of bail was quashed because it failed to advert to the seriousness and gravity of the offences of forging/manipulating court records, and did not account for the fact that the accused was the beneficiary of the forged/manipulated court order and a prima facie case had been made out with charges framed; filing of a charge-sheet alone is not a ground for granting bail.

Parties
Appellant / Original Informant: Naveen Singh; Respondent No.1: State of Uttar Pradesh; Respondent No.2 / Accused: Mahesh
Jurisdiction
India
Judgment Date
15 March 2021
Procedural Posture
Criminal Appeal / Against High Court Order Granting Bail
Outcome
Appeal allowed; impugned High Court order granting bail set aside
Legal Topics
Forgery of Court Records, Tampering With Court Records, Grant of Bail, IPC Sections 420, 467, 468, 471, 120 B
Criminal Law Bail Forgery Administration of Justice Forgery of Court Records Tampering With Court Records Grant of Bail IPC Sections 420, 467, 468, 471, 120 B

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Parties

Naveen Singh

Appellant / Original Informant

State of Uttar Pradesh

Respondent No.1

Mahesh

Respondent No.2 / Accused

Procedural Posture

Criminal Appeal / Against High Court Order Granting Bail

Legal Issues

  1. 1 Whether the High Court was justified in granting bail to an accused charged with alleged forgery/manipulation of court records under Sections 420, 467, 468, 471, 120-B IPC
  2. 2 Whether an accused who is the beneficiary of an allegedly forged/manipulated court order can claim ignorance or avoid bail consequences
  3. 3 Whether filing of charge-sheet and framing of charges by itself justifies grant of bail

Ratio Decidendi

The High Court's grant of bail was quashed because it failed to advert to the seriousness and gravity of the offences of forging/manipulating court records, and did not account for the fact that the accused was the beneficiary of the forged/manipulated court order and a prima facie case had been made out with charges framed; filing of a charge-sheet alone is not a ground for granting bail.

Court Disposition

Appeal allowed; impugned High Court order granting bail set aside

Orders

  • Impugned judgment and order dated 22.05.2020 of the High Court releasing Respondent No.2 on bail is quashed and set aside
  • Respondent No.2 to surrender forthwith as a consequence of cancellation of bail, if not already surrendered