Allowed

Mahesh Chandra Verma v. State of U.P.

Allahabad HC18 Nov 2022BAIL/15649/2022

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Bail Application disposed of an application filed by Mahesh Chandra Verma seeking bail in a cheating case under Sections 420 and 406 IPC. The High Court held that the dispute was essentially of a civil nature concerning monetary transactions between parties and allowed the bail application without observing on the merits.

What did the court decide?

The applicant was released on bail in Case Crime No. 147 of 2022 subject to a personal bond, two sureties, and conditions against tampering with evidence, influencing witnesses, and breaching faiz.

Mahesh Chandra Verma Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15649 of 2022

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Applicant :- Mahesh Chandra Verma Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Ram Jatan Yadav Counsel for Opposite Party :- G.A.,Ghanshyam Das Mishra,Hans Nath Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anil Srivastava, learned counsel holding brief of Sri Ram Kumar Verma, learned counsel for the applicant, Sri Arun Kumar Pandey, learned Additional Government Advocate, Sri Hans Nath Pandey, learned counsel for informant and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 678 of 2021, under Sections- 420, 406 IPC Police Station Jagdishpura District Agra, during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. alleging that the applicant had taken a sum of Rs. 7,32,000/- from the informant in the year 2017 with an assurance that he would repay him double amount within two years. On 8.2.2020, the applicant gave a cheque of Rs. 5,00,000/- to the informant but he requested him not to present the cheque to the bank as he did not have sufficient money at that time. Thereafter, the applicant made a call on phone number 112 and the police went and arrested the applicant.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case bearing Case Crime No. 701 of 2021 under Sections 420, 406 IPC arose out of similar allegation is shown in paragraph no. 18. The applicant is in jail since 30.10.2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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The informant has filed a counter affidavit opposing the prayer of bail.

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A rejoinder affidavit has been filed on behalf of the applicant in reply to the counter affidavit and it has been stated in the rejoinder affidavit that the applicant had obtained a cash credit limit of Rs. 27,95,000/- from the bank, in which the informant was a guaranteer. The Bank had issued notice for recovery of the amount against the applicant as well as informant. Although, the applicant has repaid the entire amount and a certificate to this effect has been annexed with the rejoinder affidavit, the informant has falsely implicated the applicant in the present case for the aforesaid reasons.

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I have considered the facts and circumstances of the case. Prima facie it appears that there were some kind of relations between the parties. The present dispute between the parties appears to be regarding monetary transaction which appears to be of civil nature. Keeping in view the aforesaid facts, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.

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Let the applicant Mahesh Chandra Verma be released on bail in Case Crime No. 147 of 2022, under Sections- 328, 379, 411 of IPC Police Station Fatehabad District Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 18.11.2022/S.K.

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Digitally signed by SWEETY KANOJIA Date: 2022.11.22 10:27:43 IST Reason: Location: High Court of Judicature at Allahabad

Mahesh Chandra Verma v. State of U.P.

Case brief

What is this about?

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Mahesh Chandra Verma v. State of U.P.

Case brief

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