Allowed

Munna Yadav @ Munib Yadav v. State of U.P.

Allahabad HC1 May 2019BAIL/18368/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Munna Yadav in a case involving cheating and forgery. The court granted bail subject to conditions including personal bond and sureties, ensuring the applicant does not tamper with evidence or flee the judicial process.

What did the court decide?

Released on bail under Sections 384, 406, 419, 420, 468, 120B IPC by furnishing a personal bond and two sureties.

Munna Yadav @ Munib Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18368 of 2019 Applicant :- Munna Yadav @ Munib Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Satya Priya Mishra,Harihar Prasad Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Shri Pradeep Mishra, Advocate holding brief of Shri Satya Priya Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the offence on the basis of suspicion. He further submitted that FIR of the incident was lodged with delay on 25.04.2017 in respect of the incident which had taken place between 20.02.2016 to 27.05.2016. He further submitted that as per F.I.R. version in February, 2016 applicant came to the house of informant and said that he has come on behalf of the Allahabad Bank, Branch Gyanpur and stated that a loan may be provided under 'Pradhan Mantri Mudra Yojana (Kishore)' and he claimed himself to be an employee of the Bank and will help the informant to get the loan and to convince the informant, accusedapplicant introduced the informant with the Bank Manager and in the Bank accused-applicant and Bank Manager called him to get cheque book from the counter and give two signed cheque and said that both signatured cheque will be sent to the head office and no passbook was given to him. On 27.05.2016 when he (informant) claimed the statement of account, he found that on the said cheque Rs. 1,50,000/- were drawn on 20.02.2016 from the account of the informant and there he was informed that there is no employee named Munna Yadav and the said Bank Manager had also been transferred. Learned counsel for the applicant has further submitted that applicant is not an employee of the Bank and the allegations levelled in the FIR are absolutely false and incorrect. He further submitted that applicant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 08.03.2019 and undertakes that he will not misuse the liberty of bail, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submission of learned counsel of both sides, considering

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the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it to be a case of bail.

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Let applicant Munna Yadav @ Munib Yadav be released on bail in Case Crime No. 0143 of 2017, under Sections 384, 406, 419, 420, 468, 120B I.P.C., P.S. Gayanpur, District Bhadohi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 1.5.2019

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Bhanu

Munna Yadav @ Munib Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munna Yadav @ Munib Yadav v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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