Allowed

Ganesh Upadhyay @ Aditya Upadhyay v. State of U.P.

Allahabad HC22 Oct 2019BAIL/40892/2019

Case brief

AI extract

What is this about?

Court allowed bail application of applicant in a case involving allegations of taking money through cheque and cash for illegal job procurement. Applicant offered to pay Rs.1 lac to complainant at time of bail filing. Bail granted with conditions and surrender of deposit.

What did the court decide?

Release on bail via personal bond, two sureties, Rs. 1 lac deposit, and compliance with trial court conditions.

Ganesh Upadhyay @ Aditya Upadhyay Vs State of U.P. — Money Laundering | Allahabad HC (2019)

¶1

Court No. - 80

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40892 of 2019

¶3

Applicant :- Ganesh Upadhyay @ Aditya Upadhyay Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Bhushan Pandey Counsel for Opposite Party :- G.A.,Navneet Kumar Mishra

¶4

Hon'ble Ajit Singh,J.

¶5

Heard learned counsel for the applicant, Sri Naveet Kumar Mishra, learned counsel for the complainant and the learned A.G.A.

¶6

This is a bail application on behalf of the applicant Ganesh Upadhyay @ Aditya Upadhyay in connection with Case Crime No.465 of 2019, under Sections 419, 420, 406 I.P.C., P.S. Kotwali, District Ghazipur.

¶7

It was alleged in the first information report that the applicant had taken Rs.5 lacs from the complainant through cheque and it was further alleged that Rs.14.5 lacs were taken in cash. It was further mentioned that the accused had taken Rs.15-20 lacs from the other persons also but it was not mentioned in the first information report for what purpose the accused had taken the money. It has come during investigation that the applicant had taken the money for providing the job to the complainant.

¶8

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 if the money has been given then it has been given for an illegal purpose and the complainant is also guilty of criminal offence for giving bribe to secure a job. He further submitted that without accepting the guilt the applicant is ready to pay Rs.1 lac to the complainant at the time of filing of bail bonds, in case he is being released on bail. He further submitted that the applicant is languishing in jail since 05.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

¶9

Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea.

¶10

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.

¶11

Let the applicant Ganesh Upadhyay @ Aditya Upadhyay 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:

¶12

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

¶13

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

¶14

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;

¶15

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.

¶16

vi) The applicant is directed to furnish a demand draft of Rs.1 lac before the learned trial court concerned at the time of filing of bail bonds and the trial court is directed to hand over the same to the complainant after verifying their credentials.

¶17

Order Date :- 22.10.2019 R./

Ganesh Upadhyay @ Aditya Upadhyay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ganesh Upadhyay @ Aditya Upadhyay v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sundar @ Surendra and Another Vs State of U.P.

Guddu @ Najim Vs State of U.P.

Lallu Alias Santosh Vs State of U.P.

Om Pal Vs State of U.P.

Nadeem Vs State of U.P.

Nafees @ Poly Vs State of U.P.