Court granted bail to the applicant in a cheating and forgery case, noting the main allegation is against a co-accused while the applicant's role is distinguishable. Bail granted on personal bond and sureties.
Applicant released on bail on furnishing personal bond and two sureties each in like amount to court's satisfaction.
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Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1478 of 2022
Applicant :- Manoj Singh Opposite Party :- State Of U.P. Thru Secy. Home Lucknow
Counsel for Applicant :- Shailendra Kumar Misra Counsel for Opposite Party :- G.A.,Anand Kumar Srivastava,Vivek Kumar Srivastava
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Anand Kumar Srivastava, learned counsel for the informant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the record.
Instant application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 912 of 2017, under Section 406, 419, 420, 468, 471 IPC registered at Police Station Kotwali Nagar, District Balrampur.
As per the version of the first information report, Rs. 3,25,000/- is said to be duped by the applicant including other co-accused persons.
Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant matter. He added that as per the version of complaint, Rs. 25,000/- and Rs.75,000/- has been credited in the account of Rakesh Singh and present applicant is not beneficiary of any kind of act as asserted in the complaint. He also added that there is no cogent piece of evidence so as to connect the present applicant in the instant matter. He next added that in fact the main allegation is against Rakesh Singh and present applicant has been named in the FIR only with a view to pressurised Rakesh Singh as applicant is partner in the firm. He next added that amount which is said to be duped, is credited in the personal account of Rakesh Singh and not in the account of the society as such no criminal liability can be fasten upon the applicant. He added that charge sheet has been filed in the instant matter and as such there is no possibility of tempering of evidence and to flee away from trail proceedings. Further the applicant has explained previous criminal antecedent
in para 22 of the bail application and most of the offence pertains to particular transactions with regard to the certain property and in most of the cases, he has been enlarged on bail. He next added that the applicant is law abiding citizen and he was never involved in committing any offence. The applicant is languishing in jail since 01.03.2021 In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
On the other hand, learned A.G.A. for the State as well as learned counsel for the informant vehemently opposed the prayer for bail and submits that there are huge number of criminal history of the applicant and his name has been mentioned in the complaint, and as such, he is involved in committing the aforesaid offence and not liable to be enlarged on bail
Having heard the learned counsel for the parties and after perusal of record, it is evident that the main allegation in the complaint is against Rakesh Singh and he is beneficiary of the aforesaid act as the amount which is said to be duped was credited in the personal account of Rakesh Singh; the role of the applicant is distinguishable from the role of co-accused Rakesh Singh; further previous criminal antecedent have been explained in para 22 of the bail application; charge sheet has been filed in the matter and there is no possibility of tempering the evidence and fleeing away from trial proceeding and he is languishing in jail since 01.03.2021.
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Manoj Singh involved in the aforementioned 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:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and
(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
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.
It is clarified that the observations 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 merits of the case.
Order Date :- 13.10.2022 A.Kr*
Digitally signed by AJAY KUMAR Date: 2022.10.14 11:09:05 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant should be granted bail in a cheating and forgery case where the main allegation is against a co-accused.
Whether the applicant, named to pressure a main accused, is a fit person for bail after filing a charge sheet.
Whether the severity of punishment and prima facie satisfaction of the court warrants bail with security.
8 provisions across 2 enactments
Manoj Singh
State of U.P.
Shree Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
