Allowed

Bharat Kumar Rai v. State of U.P.

Allahabad HC8 Oct 2020BAIL/25256/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Bharat Kumar Rai, implicated in a cheating case under Sections 419, 420, 467, 468, 504 IPC. The court accepted counsel's arguments regarding the applicant's detention and public health concerns while noting the applicant's criminal history.

What did the court decide?

Applicant ordered released on bail subject to furnishing a personal bond and two sureties after short-term bail period expires and court verifies conditions.

Bharat Kumar Rai 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. - 25256 of 2020

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Applicant :- Bharat Kumar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Rai Counsel for Opposite Party :- G.A.,Vinod Rai

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Shri Vinod Rai, learned counsel for the informant and learned A.G.A.

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Shri Vinod Kumar Rai, has put in appearance on behalf of the informant on 2.9.2020. No counter affidavit has been filed by the learned counsel for the informant.

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The allegation in the First Information Report is that applicant alongwith co-accused, Ram Prakash Rai, took Rs. five lacs from the informant's father for the purpose of investment on the promise that after five years money will become double and after seven years money will becomethree times of the amount invested.The investment was made in the year 2014.After five years when the money was sought back by the informant accused persons refused to make any payment.There is allegation that informant was cheated by the accused persons.

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Learned counsel for the applicant has submitted that in the First Information Report there is no mention how the aforesaid amount was given to the applicant and co-accused. Co-accused Ram Prakash Rai has already been enlarged on bail by the court below.Applicant has been falsely implicated in this case along with nine other cases explained in paragraph-14 of the affidavit filed in support of the bail application. The applicant is in jail since 21.4.2017.

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Learned counsel for the informant has submitted that applicant has criminal history of 15 cases but he has not disputed that cases are of similar nature.

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Learned A.G.A. has opposed the bail prayer of the

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applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Bharat Kumar Rai, who is involved in Case Crime No. 679 of 2019, under Sections 419, 420, 467, 468, 504 I.P.C, Police Station-Kotwali , District- Ghazipur, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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 court below is functioning normally, this condition

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will not apply and applicant shall be enlarged on bail on execution of bail 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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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 :- 8.10.2020 Atul kr. sri.

Bharat Kumar Rai v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bharat Kumar Rai v. State of U.P.

Case brief

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