Allowed

Ajay Verma v. State of U.P.

Allahabad HC23 Sept 2020BAIL/24459/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed bail to the applicant, who was accused of cheque-related cheating offences. A condition was imposed for the applicant to deposit the disputed amount to the informant within three months, with a mandatory refund if the trial absolves him of that specific transfer.

What did the court decide?

Application allowed; bail granted on personal bond and sureties with condition to deposit Rs. 2,50,000 to victim within three months.

Ajay Verma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24459 of 2020 Applicant :- Ajay Verma Opposite Party :- State of U.P. Counsel for Applicant :- Chanchal Kumar,Anil Kumar Mishra,Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.,Sameer Yadav,B.R. Yadav

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri Sameer Yadav, learned counsel for the informant and learned A.G.A. for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Ajay Verma, with a prayer to release him on bail in Case Crime No. 321 of 2019 under Sections 323, 504, 506, 419, 420, 467, 468, 406, 471 I.P.C., Police Station- Jalalpur, District- Jaunpur, during pendency of trial.

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There is allegation in the F.I.R. that the informant paid Rs. 8,00,000/- to the accused persons for the purpose of providing job to the informant. Learned counsel for the applicant has submitted that the allegations in the F.I.R. are absolutely incorrect. No such money was paid to the applicant. However, he could not dispute that Rs. 2,50,000/- was transferred to the informant by way of R.T.G.S.

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Learned counsel for the applicant has submitted that the applicant will deposit the aforesaid amount within a period of three months of his release on bail before the trial court. The applicant has no other criminal history to his credit and is in jail since 21.06.2020.

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Sri Sameer Yadav, learned counsel for the informant and learned A.G.A. has vehemently opposed the bail application and submitted that the applicant has cheated other persons also and other F.I.R.s are also lodged against him along with other co-accused persons who have formed a gang. He has submitted that amount of Rs. 2,50,000/- may be directed to be paid to the informant.

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After hearing the parties, this Court is of the view that the amount of Rs. 2,50,000/- shall be paid to the informant by the applicant by means of R.T.G.S. The amount of Rs. 2,50,000/- paid to the informant shall be without any prejudice to the right of the applicant to contest the trial. In case, it is found by the trial court after trial that no such money was transferred in the account of the applicant by the informant, the money shall be refunded along with interest at the bank rate by the informant to the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the

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applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The applicant will deposit Rs. 2,50,000/- in the account of the informant by R.T.G.S. within 3 months of his release on bail and produce receipt of the same along with certificate of bank before the Court below.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.9.2020/KS

Ajay Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Verma v. State of U.P.

Case brief

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