Allowed

Rajesh Kumar Singh v. State of U.P.

Allahabad HC9 Sept 2021BAIL/12888/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad, on behalf of Hon'ble Justice Rajiv Joshi, allowed a bail application filed by Rajesh Kumar Singh in a cheating case under various sections of the IPC. The court found it to be a case for bail based on prima facie satisfaction and larger constitutional mandates, directing release subject to a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail subject to furnishing a personal bond and two sureties each, verified as per conditions.

Rajesh Kumar Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12888 of 2021 Applicant :- Rajesh Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Dev Singh Chanchal Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Rejoinder Affidavit filed today is taken on record.

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Heard Sri Kamal Dev Singh Chanchal, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.357 of 2020, under Sections 406, 419, 420, 406, 467, 468, 120-B, 34 I.P.C., Police Station Shivpur, District Varanasi during the pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is further contended that the applicant as well as informant both have took franchise from Doorotisers Medical Pvt. Ltd. (Company) and the amount has been deposited by the persons in their account in which Sri Ashok Kumar Sharma is the Director. It is next contended that the applicant himself is the victim of fraud committed by the Company. Lastly it is contended that the applicant is in jail since 18.09.2020 having no previous criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Rajesh Kumar Singh involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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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Order Date :- 9.9.2021

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S.P.

Rajesh Kumar Singh v. State of U.P.

Case brief

What is this about?

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Rajesh Kumar Singh v. State of U.P.

Case brief

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What did the court decide?

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