Allowed

Rohit Dua Alias Kanhaiya v. State of U.P.

Allahabad HC6 Aug 2019BAIL/30468/2019

Case brief

AI extract

What is this about?

The Court allowed a bail application in a cheating and cyber crime case. The applicant was accused of fraud involving mobile recharges. Despite the gravity of offences, the Court found it a fit case for bail on executing a personal bond and providing two sureties.

What did the court decide?

Release on bail by executing a personal bond and furnishing two sureties with specified conditions.

Rohit Dua Alias Kanhaiya Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30468 of 2019

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Applicant :- Rohit Dua Alias Kanhaiya Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Rohit Dua alias Kanhaiya in connection with Case Crime No.280 of 2018, under Sections 419, 420 I.P.C. and Section 66-C and 66-D of the Information and Technology Act, P.S. Makkhanpur, District Firozabad.

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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 there is allegation in the first information report that the applicant had taken Rs.20,000/- for recharge of the mobile phone; further it is mentioned in the first information report that mobile phone was recharged but stopped after sometime and there is no allegation that the applicant had taken money by way of mis-representation. He further submitted that there is no evidence of taking the money by the applicant. He submitted that the applicant was not named in the first information report and his name has surfaced in the report of Cyber Cell. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 16.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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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.

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Let the applicant Rohit Dua alias Kanhaiya 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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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.

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Order Date :- 6.8.2019

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R./

Rohit Dua Alias Kanhaiya v. State of U.P.

Case brief

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Rohit Dua Alias Kanhaiya v. State of U.P.

Case brief

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