Allowed

Mohit Upadhyay v. State of U.P.

Allahabad HC12 Oct 2022BAIL/31449/2022

Case brief

AI extract

What is this about?

In this bail application under Section 438 Cr.P.C. (implied context), the High Court allowed bail to the accused charged with cheating and forgery. The court noted discrepancies in the altered account statements and evidence suggesting self-conducted forgery, concluding the accused qualified for release on bond.

What did the court decide?

Applicant released on bail with a personal bond and two reliable sureties.

Mohit Upadhyay 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. - 31449 of 2022

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Applicant :- Mohit Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla,Vishveshwar Mani Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Vishveshwar Mani Tripathi, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 229 of 2021, under Sections 406, 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Basti.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged by the informant alleging that he had paid a sum of Rs. 6,50,000/- from his account and Rs. 2,00,000/- in cash to the applicant for getting him a job in irrigation department and that the applicant had given him a forged appointment letter.

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The informant in his statement recorded under Section 161 Cr.P.C., has stated that he had transferred Rs. 3,81,000/- from his account and paid a sum of Rs. 2,00,000/- in cash to the applicant. He further stated that the applicant had sent him an appointment letter through whatsapp and had told him that the original appointment letter would reach through registered post. The appointment letter allegedly sent to the informant through whatsapp has been annexed with the affidavit, which bears the signature of the informant himself.

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During investigation, the Investigating Officer has examined the account statement of the informant's bank account and it was found that only Rs. 35,000/- had been withdrawn from his account.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 29-03-2022.

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5.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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6.Having considered the aforesaid facts and submissions and keeping in view the fact that even on the allegations levelled by the informant himself, he had entered into transaction for attaining an illegal object by obtaining a job by making payment of bribe; that the informant has alleged in the F.I.R. that he had paid a sum of Rs. 6,50,000/- from his account whereas during investigation it has been found that only a sum of Rs. 35,000/- has been transferred from his account in two instalments; that although he has alleged that the applicant had sent him an appointment letter through whatsapp, the said letter bears signature of the informant himself and also keeping in view the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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7.Let the applicant - Mohit Upadhyay be released on bail in Case Crime No. 229 of 2021, under Sections 406, 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Basti, on his furnishing a 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 will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) 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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8.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 12.10.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.17 10:22:22 IST Reason: Location: High Court of Judicature at Allahabad

Mohit Upadhyay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohit Upadhyay v. State of U.P.

Case brief

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