Allowed

Rajesh Kumar Gupta @ Rakesh v. State of U.P.

Allahabad HC24 Sept 2019BAIL/34233/2019

Case brief

AI extract

What is this about?

In a bail application underSections 420, 406, 467,468, 471, 120-B IPC regarding cheating and forgery, the court allowed bail on thesubmission of a demand draft and a personal bond. The court found the case fit for bail without judging the merits of thecharges.

What did the court decide?

Releasement on bail with personal bond, two sureties, a deposit of Rs.60,000 and conditions against tampering evidence or committing similar offences.

Rajesh Kumar Gupta @ Rakesh 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. - 34233 of 2019

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Applicant :- Rajesh Kumar Gupta @ Rakesh Opposite Party :- State Of U.P. Counsel for Applicant :- Lok Nath Shukla,Raj Kumar Tiwari 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 Sri Virendra Singh holding brief of Sri Saurabh Srivastava, learned counsel for the complainant and the learned A.G.A.

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This is a bail application on behalf of the applicant Rajesh Kumar Gupta @ Rakesh in connection with Case Crime No.333 of 2018, under Sections 420, 406, 467, 468, 471, 120-B I.P.C., P.S. Naubasta, District Kanpur Nagar.

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There is allegation in the first information report that the applicant along with other co-accused had taken the money for sale of one third share of his house 36-A Awas Vikas Hanspuram Scheme No.2 and executed a sale deed and she was shown only a witness to the sale deed. It is further alleged that about Rs.41 lacs taken been taken from her.

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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 the applicant had taken the money as loan from the complainant and due to financial hardship the applicant was not able to repay the same within time and just to create pressure this false first information report has been lodged against the applicant. He further submitted that the applicant without accepting his guilt has produced a demand draft no.760983, dated 23.09.2019 for Rs.1,90,000/- of Allahabad Bank, Gumti No.5, Kanpur. He further submitted that the applicant will further deposit a sum of Rs.60,000/- within one month from the date of his release from the jail. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 27.04.2019 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 counsel for the complainant and the learned A.G.A. has opposed the bail plea.

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Learned counsel for the complainant, who is present in the court has acknowledged the receipt of the same and had taken the aforesaid demand draft to be given to the complainant.

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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.

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Accordingly, the bail application stands allowed.

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Let the applicant Rajesh Kumar Gupta @ Rakesh 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; 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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vi) The applicant will deposit a sum of Rs.60,000/- before the court concerned within one month from the date of his release from the jail and the trial court is directed to hand over the aforesaid money to the complainant after verifying the credentials.

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Order Date :- 24.9.2019 R./

Rajesh Kumar Gupta @ Rakesh v. State of U.P.

Case brief

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Rajesh Kumar Gupta @ Rakesh v. State of U.P.

Case brief

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What did the court decide?

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