Allowed

Veerendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC4 Nov 2022/3307/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Veerendra Kumar challenging detention in a cheating case. The court observed the repayment of money and the applicant's first-time offense status. The bail was allowed subject to personal bond, sureties, and strict conditions regarding court appearance and non-interference with witnesses.

What did the court decide?

The applicant released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding court presence and non-tampering with evidence.

Veerendra Kumar Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3307 of 2022

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Applicant :- Veerendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

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Counsel for Applicant :- Rinku Verma,Suresh Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 35 of 2022, under Sections 406, 420, 468, 471 IPC, Police Station- Hazaratganj, District Lucknow.

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Learned counsel for the applicant submits that as per the version of the first information report, Rs.90,000/- is said to be transferred in the account of the present applicant by way of bank transaction. He added that in fact under misconception instant FIR has been lodged though the amount taken by the applicant is returned back to the complainant on 15.10.2022 and that has been credited in the account of the complainant. In support of his version, he has drawn attention towards page 4 of the supplementary affidavit, wherein photo copy of the pass book has been annexed, which is evident that Rs.90,000/has been credited in the account of the complainant. He further added that in fact it is a civil dispute which is given colour of criminality by way of lodging the instant FIR. He next submits that charge sheet has been filed in the instant matter and there is no possibility of fleeing away from trial proceedings and tempering with the evidence. He further submits that there is no previous criminal antecedent of the applicant and he is languishing in jail since 18.01.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State vehemently opposed the contention aforesaid and submits that there are specific allegations against the

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applicant for duping certain amount by way of cheating as such he is not entitled to be released on bail.

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Having heard the learned counsel for the parties and after perusal of record, it is evident that Rs. 90,000/- was repaid to the complainant on 15.10.2022; charge sheet has been filed in the instant matter and there is no possibility of fleeing away from trail proceedings and tempering with the evidence; further there is no previous criminal history of the applicant and he is languishing in jail since 18.01.2022.

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Thus, 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.

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Let the applicant- Veerendra Kumar 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:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(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;

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(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

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(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

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against him, in accordance with law under Section 174-A of the Indian Penal Code.

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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 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.

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Order Date :- 4.11.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.11.10 09:25:05 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Veerendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

Veerendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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