The Court allowed bail to an applicant charged with cheating under Sections 406 and 420 IPC for being a fit case, imposing standard conditions including appearance and non-interference with evidence.
Release on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36857 of 2019
Applicant :- Awadhesh Kumar @ Pappan Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Awadhesh Kumar @ Pappan in connection with Case Crime No.302 of 2019, under Sections 406, 420 I.P.C., P.S. Sachendi, District Kanpur Nagar.
As per the allegation of the first information report the accused/applicant has cheated the members of the public by falsely representing that they will be providing job and the applicant was arrested on the information given by the police informer. The first information report was lodged by the police.
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 no public person has complained to the police and the alleged recovery shown from the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that the applicant is educated person and doing job. He further submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 20.07.2019 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. However, learned A.G.A. does not dispute the factum of parity.
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 Awadhesh Kumar @ Pappan 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.
Order Date :- 14.10.2019 R./
1 issue framed by the court
Whether this is a fit case for granting bail in a complaint under Sections 406, 420 IPC charged with cheating.
Awadhesh Kumar @ Pappan
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
