Allowed

Paras Rajbhar v. State of U.P.

Allahabad HC16 May 2019BAIL/20568/2019

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Ram Krishna Gautam allowed bail application of Paras Rajbhar in a cheating case. Applicant claimed false implication and readiness to pay disputed amount. Bail granted subject to performance of contract payment and standard sureties.

What did the court decide?

Released on bail after making payment of Rs.1,75,000/- to the informant and furnishing personal bond with two sureties.

Paras Rajbhar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20568 of 2019

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Applicant :- Paras Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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By means of this application, the applicant Paras Rajbhar, who is involved in Case Crime No. 344 of 2017, under Sections 406, 419, 420, 504, 506 I.P.C., P.S. Cholapur, District Varanasi, is seeking enlargement on bail.

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It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He has purchased land from Parahu Chamar and the deed is annexed with bail application, in which it was specifically written that land was not of Scheduled Caste and Scheduled Tribe, and from that land itself, alleged agreement to sell for a part of same, was executed. Neither sale deed nor agreement to sell has been set aside by any Court. He was ready to make deed executed, but owing to failure of informant himself this could not be done. He is ready to make payment of Rs.1,75,000/- written in agreement to sell to be paid to accused-applicant. The criminal history has been duly explained in para 21 of affidavit filed in support of the bail application. Hence, bail has been prayed for.

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Learned A.G.A. vehemently opposed the prayer for bail.

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Perusal of first information report reveals that agreement to sell was got executed and same was not performed. Meaning thereby, suit for specific performance of contract was to be filed, but this criminal case was filed. However, accusedapplicant is ready to make payment, which has been received by him under above deed.

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Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicant Paras Rajbhar , involved in above mentioned case crime number be released on bail after his making payment in account of informant of Rs.1,75,000/- and on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 16.5.2019 NS

Paras Rajbhar v. State of U.P.

Case brief

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Paras Rajbhar v. State of U.P.

Case brief

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