Allowed

Mahesh Kumar Singh v. State of U.P.

Allahabad HC10 Nov 2022BAIL/17493/2022

Case brief

AI extract

What is this about?

This is an order granting bail to Mahesh Kumar Singh in a criminal trial for cheating and forgery involving insurance fraud. The High Court allowed the application after considering the applicant's undertaking to repay the alleged loss over 30 days.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties, subject to paying Rs. 1,00,000/- within 30 days.

Mahesh Kumar Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17493 of 2022

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Applicant :- Mahesh Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ajay Kumar Srivastava, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate 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. 421 of 2021, under Sections 420, 406, 467, 471, 468 IPC, Police Station Civil Lines, District Budaun 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 informant's husband died in a road accident on 25.11.2019 and she had lodged a claim for accidental insurance through the applicant who is an Advocate. It is alleged that the applicant had committed a fraud and has got the insurance amount deposited in his own account and as per the F.I.R. allegations, the applicant has distributed Rs. 3,00,000/- amongst the informant and her family members on various dates.

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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.

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In paragraph No. 15 of the affidavit, the applicant's criminal history of two more cases has been disclosed. In Case Crime No. 370 of 2021 under Sections 420, 406, 467, 471, 468, 504, 506 IPC, Police Station Civil Lines, District Budaun, the applicant has been granted bail by means of an order dated 11.03.2022 passed by this Court in Criminal Misc. Bail Application No. 53978 of 2021 and in Case Crime No. 420 of 2021 under Sections 420, 406, 467, 471, 468 IPC, Police Station Civil Lines, District Budaun, the applicant has been granted bail by means of an order dated 25.07.2022 passed by this Court in Criminal Misc. Bail Application No. 9474 of 2022.

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The aforesaid bail order dated 11.03.2022 has been passed after recording an undertaking by the learned counsel for the applicant that the applicant would return the amount of Rs. 4,00,000/- within one month from the date of his release and the learned counsel for the applicant submits that the applicant is willing to pay an amount of Rs. 1,00,000/- to the informant in the present case also within a period of one month from the date of his release.

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Per contra, the learned Additional Government Advocate has opposed the

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prayer for grant of bail.

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Having considered the aforesaid facts and circumstances and keeping in view the undertaking given by the learned Counsel for the applicant to show the applicant's bonafides at this stage, I am of the view that the applicant is entitled to be released on bail.

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

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Let the applicant Mahesh Kumar Singh be released on bail in Case Crime No. 421 of 2021, under Sections 420, 406, 467, 471, 468 IPC, Police Station Civil Lines, District Budaun 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 shall pay an amount of Rs. 1,00,000/- to the informant within a period of thirty days from the date of his actual release from custody to the informant through a bank draft or a bank transfer.

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

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(iii) The applicant will not influence any witness.

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

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(v) 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 :- 10.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.11 14:57:47 IST Reason: Location: High Court of Judicature at Allahabad

Mahesh Kumar Singh v. State of U.P.

Case brief

What is this about?

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Mahesh Kumar Singh v. State of U.P.

Case brief

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