Criminal Misc. Bail Application allowed. The court released the applicant on bail in a case involving multiple offenses including cheating, forgery, and criminal conspiracy, granting a personal bond with two sureties subject to specific conditions.
Release on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16636 of 2022
Applicant :- Manik Tandon Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A., Rakesh Kumar Verma
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri rakesh Kumar Verma, learned counsel for the informant and the learned A.G.A.
This is a bail application on behalf of the applicant Manik Tandon in connection with Case Crime No.590 of 2019, under Sections 419, 420, 467, 468, 471, 406, 504, 506, 120-B I.P.C., Police Station Civil Lines, district Moradabad.
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 mentioned in the first information report that the named accused came to the house of the informant and coaccused Saurabh Vats claimed himself to be higher officer of Secretariat Dehradun (Uttarkhand) and told him that they would manage to get contracts and supply orders for him in various Government departments. It was also mentioned that the informant had set up a firm and the accused persons had taken money from the informant for obtaining him contracts and supply orders. It was further mentioned that the informant had given them Rs.30 lacs for contracts and also Rs.12 lacs towards samples. Later on, the informant came to know all was only a shame and fake assurance to cheat the informant then the informant demanded the money and he was threatened.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that the informant and accused persons formed a firm for doing business and after sometime a dispute arose between applicant and accused persons then this false F.I.R. has been lodged against the applicant and coaccused persons. He submitted that the informant has compromised the matter with co-accused Saurabh Vats and this F.I.R. has been generated on the basis of commercial transactions between coaccused Saurabh Vats and informant. He submitted that informant has alternative remedy by way of filing a civil suit before the appropriate Forum. He submitted that all offences are triable by the court of Magistrate. He submitted that applicant is languishing in jail since 31.01.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the informant and learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of
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.
Accordingly, the bail application stands allowed.
Let the applicant Manik Tandon 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:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
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.
Order Date :- 12.7.2022
R./
Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.07.21 12:51:04 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving cheating and forgery charges.
Whether the allegations against the applicant are merely forged and warrant bail.
Manik Tandon
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
