Allowed

Manoj Shukla v. State of U.P.

Allahabad HC14 Oct 2019BAIL/41508/2019

Case brief

AI extract

What is this about?

In this bail application, the court examined the allegations of cheating and forgery. Considering the case of Data Ram, it granted bail to the applicant subject to a personal bond, two sureties, and specific conditions including witness tampering prohibitions and cooperation in trial.

What did the court decide?

Accused released on bail on personal bond and two sureties subject to conditions of attendance, no witness tampering, and no illegal activities.

Manoj Shukla Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41508 of 2019 Applicant :- Manoj Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Siya Ram Verma 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, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 180 of 2016, under Sections 467, 468 and 420 I.P.C., P.S. Shivrajpur, district-Kanpur Nagar, is seeking enlargement on bail during the trial.

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As per allegation in the first information report, the complainant lodged a report against the owner of Prachi Goods Carrier which had supplied the truck in which complainant had loaded 360 bags of chokar but the goods were not delivered at the desired place. The present accused was working in Prachi Goods Carrier and entire papers were prepared by him. It is also alleged that the present accused along with Amol Shukla had got sold the goods somewhere else.

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Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Neither he was owner of the company nor he was beneficiary in any way. Only he was serving with Triveni Road Lines under the ownership of Amol Shukla. He next submitted that the owner of the transport company has given the entire amount of goods to the informant. Further submission is that all the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 29.9.2018 and in case he is released on bail, he will not misuse the liberty

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of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Manoj Shukla involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 14.10.2019/Faridul

Manoj Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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