Vikas Hawaldar v. State of U.P.
Case brief
What is this about?
Single Judge allowed criminal miscellaneous bail application to Vikas Hawaldar prosecuted for cheating and forgery citing jail overcrowding.
What did the court decide?
Relief: Enlargement on bail under Sections 406, 117, 419, 420, 467, 468, 471 and 120 B IPC on personal bond and two sureties.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14348 of 2021
Applicant :- Vikas Hawaldar Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Mehrotra Counsel for Opposite Party :- G.A.,Anoop Kumar
Hon'ble Ajay Bhanot,J.
Heard Sri Nazarul Islam Jafari, learned Senior Counsel assisted by Sri Sudhir Mehrotra, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 1392 of 2016 at Police Station-Kotwali- District Basti on 04.07.2016 under Sections 406, 117, 419, 420, 467, 468, 471 and Section 120 B IPC.
The bail application of the applicant was rejected by learned In-charge Sessions Judge, Basti on 15.02.2021.
The applicant is in jail since 08.01.2021, pursuant to the said F.I.R. The substance of allegation in the FIR is that the applicant is one of the director
in the company run under the name and style of Progress Cultivation Ltd which had duped investors. The company failed to pay the amounts due to the investors at the time of maturity.
Issues for consideration
2 issues framed by the court
Whether the applicant Vikas Hawaldar is entitled to bail in prosecution for cheating and forgery offences given his technical director role.
Whether considerations of jail overcrowding during the COVID-19 pandemic warrant granting bail to the applicant.
Parties & counsel
- applicant
Vikas Hawaldar
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/14348/2021
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