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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Pramod Kumar in Case Crime No. 1217 of 2018 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions; till normal functioning of the courts is restored, release on personal bond without sureties, with sureties to be furnished within a month after normal functioning of the courts is restored.

Issue for consideration

Whether the applicant Pramod Kumar, involved in Case Crime No. 1217 of 2018 under Sections 406, 420, 504, 506, 120-B I.P.C (Police Station Modinagar, District Ghaziabad), is entitled to be released on bail.

Court's answer

The First Information Report ought not to have been lodged, as a suit for specific performance of the contract would have served the purpose, the dispute arising from an agreement to sale without execution of the sale deed with a civil suit already pending between the parties.

Ratio / Principle

Keeping in view the nature of the offence, the evidence regarding complicity of the accused, the larger mandate of Article 21 of the Constitution of India and the dictum in Dataram Singh, and without expressing any opinion on the merits, the applicant has made out a case for bail and the bail application is allowed.

Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions including non-tampering with prosecution evidence, cooperation in the trial, abstention from criminal activity, and verification of sureties before the release order; breach of conditions is a ground for cancellation of bail.ratio¶8
If the applicant has been enlarged on short term bail as per the order of the committee constituted under the orders of the Hon'ble Supreme Court, his bail shall be effective only after the period of short term bail comes to an end.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J., order dated 08.06.2020) - Bail application allowed - Applicant Pramod Kumar, Case Crime No. 1217 of 2018, Sections 406, 420, 504, 506, 120-B I.P.C, Police Station Modinagar, District Ghaziabad - Allegation that applicant entered into agreement to sale with the informant but did not execute the sale deed; civil suit already pending between the parties - Court observed that the First Information Report ought not to have been lodged as a suit for specific performance of contract would have served the purpose - Applicant in jail since 08.12.2019 with no criminal history - Bail allowed without expressing any opinion on the merits, in view of the larger mandate of Article 21 of the Constitution of India and the dictum in Dataram Singh Vs. State of U.P., (2018) 3 SCC 22 - Release on personal bond and two sureties each in like amount with conditions; bail effective only after any short term bail (per committee constituted under Supreme Court orders) ends; till normal functioning of courts is restored, release on personal bond without sureties with sureties to be furnished within a month thereafter; breach of conditions a ground for cancellation of bail.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5280 of 2020

Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shree Rung Pandey Counsel for Opposite Party :- G.A

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A.

The allegation against the applicant is that he entered into agreement to sale with the informant but did not executed the sale deed.It appears that civil suit is already pending between the parties.Even otherwise First Information Report ought not to have been lodged as suit for specific performance of contract would have served the purpose. The applicant is in jail since 08.12.2019 and has no criminal history.

Keeping in view the nature of the offence, 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.

Let the applicant, Pramod Kumar , who is involved in Case Crime No. 1217 of 2018, under Sections 406, 420, 504, 506, 120-B I.P.C, Police Station- Modinagar , District- Ghaziabad, 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.

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

The applicant shall cooperate in the trial

sincerely without seeking any adjournment.

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

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.

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.

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

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.

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

Order Date :- 8.6.2020 Atul kr. sri.