Allowed

Rajeev Gupta and Another v. State of U.P.

Allahabad HC29 Jan 2021BAIL/5333/2021

Case brief

AI extract

What is this about?

In this Criminal Misc. Bail Application, the High Court granted bail to two applicants accused of forgery under Sections 420, 467, 468, and 471 IPC. The court ordered their release on executing a personal bond and two sureties after verifying identity and residence.

What did the court decide?

The applicants were to be released on bail upon executing a personal bond and furnishing two sureties each of a like amount.

Rajeev Gupta and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5333 of 2021

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Applicant :- Rajeev Gupta And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the parties and perused the records.

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The applicants are involved in Case Crime No.- 824 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police StationChhibramau, District- Kannauj.

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The first information report has come to be lodged with the allegations that all named accused persons are involved in the forgery of getting various sim cards issued on forged aadhar card. It is on the basis of the information received by the police from their informer that the police arrived the place where the applicants were standing, Block No.- A of Indra Awas Colony and were just counting the money and were talking about the disbursement of the same. The police nabbed them on the spot and when search was done, several mobile phones were recovered from their possession.

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It is argued by learned counsel for the applicants that the applicants were working in the shop of Ashish Gupta, who owns the mobile shop and they have been falsely implicated in the present case. It is further argued that the case of the applicants is quite distinguishable from the main accused Ashish Gupta, who owns the mobile shop and it is alleged that it is Ashish Gupta who could have managed the issuance of various sim cards as he runs the mobile shop and facilitates the customers with the new sim cards and thus, the applicants are neither criminal nor, they have committed any fraud. It is also argued that there is no criminal history to the credit of the applicants, who are languishing in jail since 16th December, 2020.

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Learned Additional Government Advocate has, however, opposed the bail application of the applicants but could not dispute the aforesaid fact.

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Considering the nature of the offence, evidence, complicity of the accused, severity of punishment and without expressing any

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opinion on merits of the case, I am of the view that the applicants are entitled to be enlarged on bail.

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The prayer for bail is granted. The application is allowed.

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Let the applicants Rajeev Gupta & Pawan Sharma involved in the aforesaid case be released on bail on their executing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

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However, applicants have been directed to be enlarged on bail with condition that they shall appear before the court concerned as and when required and shall not avoid personal appearance, failing which, court below will be at liberty to cancel the bail.

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It is also directed that identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.

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The concerned Court/ Authority/ Official is further directed to 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 :- 29.1.2021 Atmesh

Rajeev Gupta and Another v. State of U.P.

Case brief

What is this about?

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Rajeev Gupta and Another v. State of U.P.

Case brief

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What did the court decide?

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