Single Judge allowed bail application of an applicant falsely implicated in a cheating case, ordering him to repay loss to the victim upon release with a surety.
Applicant Nitesh Rajput to be released on bail on executing personal bond and furnishing two sureties, conditionally upon handing over Rs. 21,000 to victim within 15 days.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44879 of 2018
Applicant :- Nitesh Rajput Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is ready to handover Rs.21,000/- by way of bank draft/demand draft through Chief Judicial Magistrate, Allahabad to the informant-victim under protest who incurred loss provided one last chance is given to him. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 25.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Nitesh Rajput involved in Case Crime No.1189 of 2018, under Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station Dhoomanganj, District Allahabad 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 condition that the applicant shall handover Rs.21,000/- by way of bank draft/demand draft through Chief Judicial Magistrate, Allahabad to the informant/victim within 15 days from today.
It is made clear that in case the promise is not kept by the applicant and Rs.21,000/- is not given to the informant/victim as promised, the bail of the applicant shall be liable to be rejected upon an application being moved by the informant before Chief Judicial Magistrate, Allahabad, for cancellation of bail.
Order Date :- 11.1.2019
rkg
1 issue framed by the court
Whether the applicant is entitled to release on bail pending trial in a cheating case.
Nitesh Rajput
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
