Court allowed bail application for applicant charged with cheating and forgery, noting lack of money transfer in his account and delay in trial, citing Dataram Singh.
Applicant released on bail on furnishing personal bond and two sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29297 of 2022
Applicant :- Abhishek Singh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla,Nirbhaya Kumar Mishra Counsel for Opposite Party :- G.A.,Noor Ahmed,Zafar Abbas
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, Sri Zafar Abbas, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Abhishek Singh with a prayer to release him on bail in Case Crime No.345 of 2021, under Sections 419, 420, 467, 468, 406, 409 I.P.C., P.S. Lalpur/Pandeyganj, District Varanasi during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per prosecution story, applicant and co-accused Jitendra Kumar Singh promised informant to sell the disputed property and thereafter duplex would be constructed. Informant on the assurance of applicant and co-accused Jitendra Kumar Singh, purchased the land from Chinta Devi by registered sale deed but applicant and co-accused did not fulfill his promise to construct duplex and has misappropriated amount, which was transferred to accused persons accounts. Counsel for the applicant states that the applicant is innocent and has been falsely implicated in the present case. As per First Information Report, all transaction have been made between co-accused Jitendra Kumar Singh and informant. No money has been transferred in the account of the applicant. He further argued that co-accused Akhilesh Singh has been granted bail by coordinate Bench of this Court by order dated 30.08.2022. Learned counsel for the applicant states that the applicant has explained criminal history and same has been related with the present case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 15.05.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant and submitted that the informant has given Rs.2,60,000/- to the applicant and initially the applicant has misappropriated the amount and not
constructed duplex over plot. Learned A.G.A also states that the applicant has criminal history.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Abhishek Singh be released on bail in Case Crime No.345 of 2021, under Sections 419, 420, 467, 468, 406, 409 I.P.C., P.S. Lalpur/Pandeyganj, District Varanasi, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.9.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.09.05 15:44:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving cheating, criminal breach of trust, and forgery.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶10
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Abhishek Singh
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
