In this bail application, the High Court rejected the plea of Pradeep Yadav seeking release in a cheating case where he was accused of taking money under false pretence. The court found no good ground for bail.
Bail application rejected. Observation made that order shall not prejudice trial on merit.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41388 of 2018
Applicant :- Pradeep Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Prem Babu Verma,Anita Singh,Nirmla Kumari 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 and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No.150 of 2018, under Sections - 406, 420, 467, 468, 471 and 504 I.P.C., Police Station - Matsaina, District - Firozabad.
Accusation against the applicant is that the applicant took Rs. 4,62,000/from various persons on account of availing job to them. However, no job was availed and the informant as well as several persons have been cheated by the applicant by making promises, thus duping their money.
Contention is that there is no proof of taking money from the informant and the other persons and no receipt was ever issued. The fact is that all the persons involved in accusing the applicant are relatives and they have decisive plan to falsely implicate the applicant in order to not to pay back the money, which they had borrowed from the applicant. Applicant does not have any criminal history. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Per contra, learned A.G.A. has submitted that in this case the details of the money obtained by the applicant in the name of availing employment have been given and specific allegation of duping various persons by taking money to the tune of Rs. 4,62,000/- has been made against the applicant. In case, the applicant wants bail, he should return the money received by him from various persons including the informant.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected , at this stage.
The observation made in this bail order shall not prejudice the trial court while deciding the trial on merit.
Order Date :- 28.11.2018
S Rawat
1 issue framed by the court
Whether sufficient ground exists to grant bail in a case involving cheating under Sections 420 and 406 IPC.
Pradeep Yadav
Arvind Kumar Mishra
As recorded by the court registry
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