Allowed

Subhash Chand v. State of U.P.

Allahabad HC11 Jul 2022BAIL/14160/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Subhash Chand, an elderly person accused of cheating and forgery. The applicant was in jail since late 2021. The court found it to be a fit case for bail, referring to Data Ram, without expressing an opinion on the merits.

What did the court decide?

Release of the applicant on bail upon execution of a personal bond and furnishing two sureties.

Subhash Chand Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 77

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14160 of 2022

¶3

Applicant :- Subhash Chand Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi, Ajay Kumar Mishra Counsel for Opposite Party :- G.A., Sushil Dubey

¶4

Hon'ble Ajit Singh,J.

¶5

Heard learned counsel for the applicant, Sri Sunil Dubey, learned counsel for the informant and the learned A.G.A.

¶6

This is a bail application on behalf of the applicant Subhash Chand in connection with Case Crime No.77 of 2018, under Sections 420, 468, 471, 406, 504, 506 I.P.C., Police Station Nagala Khangar, district Firozabad.

¶7

The first information report of this incident was lodged by the informant in pursuance of an application moved under Section 156 (3) Cr.P.C. It was alleged in the first information report that the informant has opened a Grahak Seva Kendra, which was affiliated to State Bank of India, Sirsaganj Branch, Firozabad. It was also alleged that the informant has opened a bank account of co-accused Avanish Nand son of Subhash Chand on 5.11.2014 and thereafter a bank account was also opened by the informant of co-accused's father Subhash Chand. and of the co-accused. It was also alleged that coaccused Avanish Nand used to sit at the Grahak Seva Kendra of the informant. Later on, he was posted as Assistant in the Grahak Seva Kendra. It was also alleged that the informant has given an ID and password to the co-accused Avanish Nand. It was further alleged coaccused Avanish Nand with intention to defraud opened second account in his name and transferred the money to that account from different accounts on various dates and about Rs.46 lacs had been syphoned off by co-accused Avnish Nand.

¶8

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case just because he happens to be father of the co-accused Avanish Nand. He submitted that the applicant is old person, aged about 63 years and is suffering from age related ailments. He submitted that the informant is the main culprit, who has opened the account in Grahak Seva Kendra in his name and entire work was being done on the instructions/advice of the informant by coaccused Avinash Nand and the entire amount was syphoned off by the informant himself. He submitted that all the offences are triable by the court of Magistrate. He submitted that applicant is languishing in jail since 20.11.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

¶9

Learned A.G.A. has opposed the bail plea.

¶10

Considering the overall facts and circumstances, the nature of

¶11

allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶12

Accordingly, the bail application stands allowed.

¶13

Let the applicant Subhash Chand involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶14

i) The applicant shall not tamper with the prosecution evidence.

¶15

ii) The applicant shall not threaten or harass the prosecution witnesses;

¶16

iii) The applicant shall appear on the date fixed by the trial court;

¶17

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

¶18

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶19

Order Date :- 11.7.2022

¶20

R./

¶21

Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.07.26 10:52:06 IST Reason: Location: High Court of Judicature at Allahabad

Subhash Chand v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhash Chand v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dinesh @ Keka Vs State of U.P.

Wamik Vs State of U.P.

Salman Alias Sultan Vs State of U.P.

Ram Newas Vs State of U.P. through Secretary Home

Nazim Vs State of U.P.

Dilip Kumar Baruar Vs State of U.P.