Allowed

Prashant Sharma v. State of U.P.

Allahabad HC3 Nov 2022BAIL/34255/2022

Case brief

AI extract

What is this about?

Bail application allowed for Prashant Sharma accused of cheating and criminal breach of trust. Court noted victim's complaint regarding unpaid fixed deposit, applicant's innocence claim, prior bail orders in similar cases, and co-accused bail grant as factors supporting release.

What did the court decide?

Release on bail with personal bond, two sureties, and restrictions on tampering with evidence or influencing witnesses.

Prashant Sharma Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34255 of 2022

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Applicant :- Prashant Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Dinesh Kumar Singh, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 791 of 2019, under Sections 406, 420 IPC, Police Station Kotwali Orai, District Jaluan during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. against nine named accused persons, including the applicant, alleging that the informant had made an investment in Sahaj Agro Purpose Co-operative Society Limited in the shape of fixed deposit and upon maturity of the deposit, the maturity amount of the deposit was not paid to the informant. The applicant has been described as General Manager of the Society.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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In paragraph-8 of the affidavit, the applicant's involvement in four more cases of similar nature has been disclosed.

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In Case Crime No. 892 of 2020, the applicant has been granted bail by means of an order dated 11.07.2022 passed by this Court in Criminal Misc. Bail Application No. 2979 of 2022. In Case Crime No. 1666 of 2022, the applicant has also been granted bail by means of an order dated 08.08.2022 passed by this Court in Criminal Misc. Bail Application No. 34512 of 2022. One of the co-accused persons Rashmi Rajaurian who has been described as the Vice President of the Society has also been granted bail by means of an order dated 11.07.2022 passed by this Court in Criminal Misc. Bail Application No. 4370 of 2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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I have considered the aforesaid facts and submissions, prima facie, it appears that the F.I.R. lodged by the informant being aggrieved by non payment of maturity amount in furtherance of some investments made by her in a Society of which the applicant was a General Manager. There is no specific allegation of any criminal act of having been committed by the applicant.

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Keeping in view the aforesaid facts and submissions and also keeping in view the fact that one of the co-accused Rashmi Rajaurian has been granted bail in the present case and considering the fact that the applicant has been granted bail in two other similar cases, I am of the view that the applicant is also entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Prashant Sharma be released on bail in Case Crime No. 791 of 2019, under Sections 406, 420 IPC, Police Station Kotwali Orai, District Jaluan on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the 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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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 3.11.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.04 18:25:47 IST Reason: Location: High Court of Judicature at Allahabad

Prashant Sharma v. State of U.P.

Case brief

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Prashant Sharma v. State of U.P.

Case brief

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