Allowed

Gurujaat Singh v. State of U.P.

Allahabad HC15 Feb 2019BAIL/2939/2019

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Gurujaat Singh, who was falsely implicated in a case involving money transactions in his bank account. The court directed his release upon execution of a bond and furnishing sureties, subject to the condition that he deposits the disputed amount to Harnek Singh within two months.

What did the court decide?

Applicant released on bail on executing a personal bond and furnishing two sureties, subject to depositing Rs.2,00,000/- to Harnek Singh within two months; bail will stand cancelled if deposit is not

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2939 of 2019

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Applicant :- Gurujaat Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Harish Chandra,Rajiv Gupta Counsel for Opposite Party :- G.A.,Anil Srivastava

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant, Anil Srivastava, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not connected with the offence even in the least. Neither the applicant is employee of the company/firm concerned nor is he a director/controller of the affairs of the company/firm concerned. The applicant is not named in the first information report. It appears that some money was transacted in his bank account due to which he has been roped in falsely in this case but without any liability.

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Learned counsel for the applicant has further added that the applicant is ready to return the money so transacted in his bank account say Rs.2,00,000/- in the bank account of Harnek Singh provided some reasonable time is given to him releasing on bail. The applicant does not bear any criminal history and is languishing in jail since 27.11.2018.

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Learned counsel for the informant has submitted that it is not a single episode of the bank account transaction and the money being deposited in the bank account of the applicant but there are number of other depositors whose money has been deposited in the bank account of the applicant. Therefore, the applicant owes

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explanation to that amount also and he should pay back/return the entire amount deposited in his bank account.

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Learned A.G.A. has adopted the contention raised by the learned counsel for the informant.

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Without entering into merit 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.

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Let the applicant Gurujaat Singh involved in Case Crime No.1274 of 2017, under Sections 420, 406, 120B, 34 I.P.C., 66-D I.T. Act and 3/4/5/6 of Prize and Chits Money Circulation Scheme Banning Act, Police Station Sikandara, District Agra 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 subject to the condition that the applicant will deposit Rs.2,00,000/- in the bank account of Harnek Singh within a period of two months next from the date of his release.

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It is clarified that if the money is not so deposited and proof of the same is not presented before the Chief Judicial Magistrate, Agra then upon satisfaction of non-compliance of the promise/undertaking, the Chief Judicial Magistrate, Agra shall be competent to pass appropriate order cancelling the bail of the applicant.

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Order Date :- 15.2.2019 rkg

Gurujaat Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gurujaat Singh v. State of U.P.

Case brief

What is this about?

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