Allowed

Manoj Kumar v. State of U.P.

Allahabad HC6 Oct 2020BAIL/4069/2020

Case brief

AI extract

What is this about?

High Court granted bail to the applicant in a cheating and forgery case under Sections 420, 467, 468, 471, and 120-B IPC, citing false implication and attaching specific conditions including the surrender of order copy.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount, subject to specific conditions regarding evidence tampering and compliance.

Manoj Kumar 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. - 4069 of 2020

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Applicant :- Manoj Kumar Opposite Party :- State of U.P.

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Counsel for Applicant :- Ram Prakash Singh,Gyanendra Prakash Srivastava,Rishu Srivastav,Gayanendra Prakash Counsel for Opposite Party :- G.A.,Himanshu Raghav Pandey,Ram Kishore Pandey

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Hon'ble Siddharth,J.

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The additional cause list has been revised.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Manoj Kumar, with a prayer to release him on bail in Case Crime No. 1388 of 2018, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Chakeri, District- Kanpur Nagar, during pendency of trial.

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Allegation in the FIR is against nine named accused persons and their companions regarding taking money from the informant for the purpose of providing job. The applicant has not been named in the FIR. It is further alleged that the fraudulent appointment letter for appointment in railways was given to the informant.

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Learned counsel for the applicant has submitted that applicant was not named in the FIR. He has been subsequently implicated on the allegation that he was involved in fabrication of documents and hence implicated in this case. Learned counsel for the applicant has submitted that it is a case of false implication. He has not been assigned any role of taking money from the informant. He is not the beneficiary of the alleged crime. He has been falsely implicated in this case by the Investigating Officer. He has criminal history of four cases including the present case and is in jail since 20.10.2019.

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Learned AGA has opposed the prayer for bail of 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

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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 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 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 :- 6.10.2020 Ruchi Agrahari

Manoj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. State of U.P.

Case brief

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