Allowed

Gajendra Singh v. State of U.P.

Allahabad HC1 Oct 2020BAIL/27922/2020

Case brief

AI extract

What is this about?

Court allowed bail application in a cheating case under IPC Sections 420, 406, 506. Bail granted pending recording of informant's statement and framing of charges within two months. Conditions include personal bond and future sureties post-court normalisation.

What did the court decide?

Released on personal bond and two sureties (verifiable after court functions restore); bail effective post-informer statement recording and charge framing; release during COVID with no sureties initia

Gajendra Singh 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. - 27922 of 2020

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Applicant :- Gajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Syed Fahim Ahmed,Sudhir Kumar Malviya Counsel for Opposite Party :- G.A.,Shishir Kumar Tiwari

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Hon'ble Siddharth,J.

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Order on the Exemption Application

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Application is allowed.

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Order on the Bail Application

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Counter affidavit filed by learned counsel for the informant is taken on record.

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Heard Shri Kamal Krishna, learned Senior Counsel assisted by Shri Syed Fahim Ahmad and Shri Sudhir Kumar Malviya learned counsels for the applicant, Shri Shishir Kumar Tewari, learned counsel for the informant and learned A.G.A.

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The allegation in the First Information Report is that applicant alongwith co-accused persons was involved in fraudulent transfer regarding sale of land. He has got three agreements to sale executed and has taken Rs. 52,65,000/- alongwith two co-accuseds persons.

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Learned counsel for the applicant has submitted that applicant is languishing in jail since 9.7.2020.All the offences are triable by the Magistrate and as yet even charges have not been framed, when charge sheet has been submitted by the police.The arrest of the applicant was stayed by this court during the investigation.The applicant is in jail since 9.7.2020.The criminal history of four cases of the applicant has been explained in paragraph-39 of the affidavit filed in support of the application.

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Learned counsel for the informant and learned A.G.A. have opposed the bail prayer of the applicant and submitted that applicant is criminal and land Mafia and has cheated the informant by taking large amount and has not executed sale deed ,therefore it is a clear case of cheating and

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fraud and keeping in view of his criminal history he does not deserves for bail.There is definite apprehension regarding safety of the informant .

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The applicant shall be enlarged on bail only after the statement of informant is recorded.The Magistrate shall frame charges against the applicant within a period of two months and thereafter record the statement of first informant within 60 days.After the statement of the informant is recorded the applicant shall be enlarged on bail.

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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, Gajendra Singh, who is involved in Case Crime No. 14 of 2018, under Sections 420, 406, 506 I.P.C, Police Station-Sector-20, Noida , District- Gautam Budh Nagar, 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

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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 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 :- 1.10.2020 Atul kr. sri.

Gajendra Singh v. State of U.P.

Case brief

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Gajendra Singh v. State of U.P.

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