The court rejected the bail application of an accused charged with cheating for duping a land plot buyer using forged documents. The court held that the applicant's use of false identity and pattern of behavior deprived him of the general rule of bail granting.
Bail application rejected.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24025 of 2022
Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Counsel for Opposite Party :- G.A.,Mahendra Kumar Singh Chauhan
Hon'ble Subhash Vidyarthi,J.
1.Heard Shri Sharad Kumar Srivastava, the learned counsel for the applicant, Shri D.K. Srivastava, the learned A.G.A. for the State and Shri Mahendra Kumar Singh Chauhan, the learned counsel for the informant.
3.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 556 of 2021, under Sections 420, 467, 468, 471 I.P.C. P.S. Dhampur, District Bijnor.
District Mathura, in which the applicant has been granted bail by means of an order dated 24-03-2022 passed by the learned Additional Sessions Judge, Court No.1, Mathura.
" A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society.
2. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. .................. (Emphasis supplied)
Order Date :- 12.10.2022 pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.17 10:16:18 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, who presented a false identity and involved in similar cheating offenses, is entitled to bail.
Whether the presumption of innocence warrants granting bail in view of prima facie evidence of imposture.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Explained¶16
Dataram Singh v. State of U.P., (2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Ajay Kumar
State of U.P.
Subhash Vidyarthi
Pankaj Kumar Srivastava
As recorded by the court registry
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