Allowed

Amar Singh v. State of U.P.

Allahabad HC7 Jul 2022BAIL/19957/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Single Judge allowed bail to the applicant charged with cheating and criminal breach of trust. The court considered the FIR details, lack of prior history, and statutory provisions before granting release on personal bond and sureties.

What did the court decide?

Release on bail on executing a personal bond and furnishing two sureties, subject to conditions.

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

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19957 of 2022

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Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 525 of 2016, under sections 406 and 420 I.P.C., P.S. Kotwali, districtHathras, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant against the present accused and his wife Hema, alleging therein that he has taken a policy of post office in the year 2001, which was likely to be mature in the year 2018, in which he was depositing a fixed amount of Rs. 475/- per month. It was also alleged that since 2016 the applicant has not deposited any money in the account of informant, while he was regularly paying the amount to the present accused to deposit in the said policy.

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Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He also submits that if the informant was regularly paying an amount of Rs. 475/- per month then why he did not make a demand for receipt and why he did not get the entries of deposit printed in his pass book and why he lodged the first information report so late. Further submission is that all the offences are triable by court of Magistrate. He lastly submits that the applicant has no criminal history and he is languishing in jail since 11.3.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions 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 22 and without expressing any

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opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Amar Singh involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 7.7.2022

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Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.07.08 18:50:54 IST Reason: Location: High Court of Judicature at Allahabad

Amar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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