Bail granted to Vishwa Ratan Singh accused of cheating, forgery and theft. Court held prosecution must prove direct implication; mere presence does not attract liability where no personal transaction occurred.
Respondent released on personal bond and two sureties for the offences under Sections 379, 411, 420, 467, 468, 471, 120B IPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38458 of 2018
Applicant :- Vishwa Ratan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Devraj Rajvedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
The only contention raised on behalf of the applicant is that assuming it to be that any offence was committed even then it was made out against Manish and not the present applicant. The applicant happens to be a colleague of Manish. No money has been transacted in the bank account of the applicant. Whatever, offence made out is against Manish and not the present applicant. Mere presence of the applicant on the spot cannot fasten any liability of cheating or presenting the cheque fraudulently before the bank concerned. The applicant does not bear any criminal history and is languishing in jail since 20.08.2018.
Learned A.G.A. has opposed prayer for bail. However, he has not disputed the claim that no money was transacted in any bank account of the applicant and the cheque was meant to be transacted in the bank account of Manish.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Vishwa Ratan Singh involved in Case Crime No.102 of 2018, under Sections 379, 411, 420, 467, 468, 471, 120B I.P.C., Police Station Luxa, District Varanasi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 15.11.2018
rkg
3 issues framed by the court
Whether an applicant, having no transaction in the accused's bank account and being merely present at the spot, is liable for offences made out against another person.
Whether bail should be granted despite no dispute regarding lack of personal transaction in the applicant's account.
What relief is accorded on grounds of reasonable apprehension of tampering with witnesses.
1 provisions across 1 enactments
Vishwa Ratan Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
