In bail application, High Court allowed release of applicant charged with cheating after examining nature of allegations and market recession factors, emphasizing need for good behavior without expressing opinion on merits of case.
Release on bail by executing personal bond with two sureties and deposit of Rs.5 lacs within three months.
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. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26717 of 2019
Applicant :- Ranjan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Ranjan Singh in connection with Case Crime No.593 of 2018, under Sections 420, 406, 120-B, P.S. Phase-II, District Gautam Buddh Nagar.
The brief facts as per the first information report is that the complainant is a retired I.A.S. Officer and is senior citizen. It is mentioned in the first information report that the applicant and his wife, co-accused of this case have approached the complainant and his wife for investing the money in their upcoming infrastructure project and assured them of very good returns. It is further mentioned that the complainant and his wife had invested their hard earned money in the projects run by the applicant/accused and his wife, namely, Anindya Infrastructure Pvt. Ltd. and the complainant and his wife were assured that they would get two studio flats by December, 2018. It is further mentioned in the first information report that the said project in which the complainant had initially invested the money was abandoned and a new project was launched by the company of the accused/applicant and the accused had invested their money in another project and again a memorandum of understanding was signed between the complainant and the accused persons. It is further mentioned that they were cheated by the applicant and his wife, co-accused and they were allured to invest their hard earned money on false representation and they had not received any interest on their investment. It is also mentioned that some post dated cheques were issued by the applicant on behalf of the said company, which were dishonoured, then the present case was registered against the applicant and his wife.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that it is true that the applicant had taken the money from the complainant but due to recession in the market, the first project was abandoned and they contacted the complainant and his wife and assured them to reinvest their money in the second project launched by their company. He further submitted that The National Company Law Tribunal, New Delhi has stayed the proceedings under Section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. He further submitted that there was no dishonest intention of the present applicant for committing the fraud or cheating. He submitted that if three months' time be given, he is ready to pay Rs.5 lacs. He further submitted that he will try to give the rest of amount as soon as possible. He submitted that the applicant is in jail since 22.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ranjan Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
vi) The applicant shall deposit Rs.5 lacs in the trial court within three months from the date of his release from the jail, which will be paid to the complainant and in case he fails to deposit the aforesaid amount within the stipulated time, his bail shall stand automatically cancelled.
Order Date :- 9.7.2019 R./
3 issues framed by the court
Whether the bail application should be allowed in a cheating case involving promise retorn on investments?
Whether the accused entitled to bail despite gravity of offence and severity of punishment?
Whether stay of proceedings under Section 9 of IBC affects bail grant?
2 provisions across 2 enactments
Ranjan Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
