Allowed

Deepesh Bohra v. State of U.P.

Allahabad HC1 Nov 2022BAIL/31429/2022

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court granted bail to Deepesh Bohra in a criminal case involving cheating and criminal breach of trust. The court imposed conditions regarding personal bond, sureties, and specific undertakings to avoid delays and ensure attendance for framing of charges and recording of statement. No order was made on the merits of the case.

What did the court decide?

Application granted. Applicant released on bail subject to personal bond, two sureties, and strict conditions regarding personal attendance and undertakings.

Deepesh Bohra Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31429 of 2022

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Applicant :- Deepesh Bohra Opposite Party :- State of U.P. Counsel for Applicant :- Vishvendra Singh,Anuruddh Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 199 of 2022, under Sections 323, 342, 384, 406, 420, 504, 506 IPC, Police Station- New Agra, District - Agra.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is stated that there was a business terms between the applicant and the complainant/complainant's wife to give cheque in return of the jewellery. In the present case the applicant has taken jewellery from the complainant's wife and given a cheque but later on she denied to accept cheque and wanted the jewellery back. It is submitted that it was not the intention of the applicant to cheat the complainant/ complainant's wife. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 17.6.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant namely Deepesh Bohra be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 1.11.2022 samz

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(Piyush Agrawal, J.)

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Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.11.01 16:35:40 IST Reason: Location: High Court of Judicature at Allahabad

Deepesh Bohra v. State of U.P.

Case brief

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Deepesh Bohra v. State of U.P.

Case brief

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