Allowed

Girja Shankar Rai v. State of U.P.

Allahabad HC27 Sept 2019BAIL/36288/2019

Case brief

AI extract

What is this about?

The Court allowed the bail application filed by Girja Shankar Rai in connection with a cheating case. Considering the nature of allegations and circumstances as a fit case for bail, the applicant was ordered to be released on executing a personal bond, providing two sureties, fulfilling specific conditions, and depositing Rs.5 lacs with an instruction to pay it to complainants after verifying cred

What did the court decide?

Released on bail by executing a personal bond with two sureties and depositing Rs.5 lacs to be paid to complainants after verification.

Girja Shankar Rai 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. - 36288 of 2019

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Applicant :- Girja Shankar Rai Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh 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 and the learned A.G.A.

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This is a bail application on behalf of the applicant Girja Shankar Rai in connection with Case Crime No.264 of 2018, under Sections 419, 420, 466, 467, 468, 471, 406 I.P.C., P.S. Bhadohi, District Bhadohi.

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There is allegation in the first information report that the applicant had formed the companies, namely, Sunlight Agro and Capital Consultant Limited and Sunlife Infrabuild Limited and had taken the money on the false promise that their money will be made double and after collecting the money had ran away and closed the office of the companies.

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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 in a similar case registered against the applicant the applicant has been admitted to the concession of bail by another Bench of this Court by order dated 05.04.2019 passed in Criminal Misc. Bail Application No.14241 of 2019 and directed the applicant to deposit Rs.7.10 lacs within a period of one month from the date of his release from the jail. He further submitted that the applicant is ready to deposit Rs.5 lacs at the time of filing of bail bonds. He submitted that the applicant is languishing in jail since 17.09.2018 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 Girja Shankar Rai 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.5 lacs before the court concerned at the time of filing of bail bonds and the trial court is directed to pay the aforesaid money to the complainants after verifying their credentials.

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Order Date :- 27.9.2019 R./

Girja Shankar Rai v. State of U.P.

Case brief

What is this about?

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Girja Shankar Rai v. State of U.P.

Case brief

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