Allowed

Ajay Singh v. State of U.P.

Allahabad HC3 Dec 2022BAIL/35356/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Ajay Singh in a cheating case. Despite opposition by the government advocate, the court noted the applicant's clean record and lack of documentary evidence supporting the prosecution's case regarding payment, granting bail on a personal bond and sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in the like amount, subject to standard conditions.

Ajay Singh 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. - 35356 of 2022

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Applicant :- Ajay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kailash Choudhary Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Kailash Choudhary, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 82 of 2022, under Sections 406, 506, 420 IPC, Police Station Belipur, District Gorakhpur.

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3.The aforesaid case has been registered on the basis of a first information report lodged on 28.06.2022 alleging that the applicant had opened an office in the name of Arima Training Centre and he projected that he may send people to Dubai and get them employed. The informant paid Rs. 60,000/- in the account of the applicant's wife Anita Devi. When he went abroad, he could not get any job and when he contacted the applicant, he demanded a further amount of Rs. 22,000/- to enable the informant to return to India. The FIR further alleges that the applicant has taken various amounts from several other persons for the said purpose.

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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 28.06.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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5.A supplementary affidavit on behalf of the applicant has been filed annexing therewith the statements of informant and various other persons recorded during investigation, all of whom have given statements supporting the FIR allegations. However, no date has been mentioned on which the informant had made the payments.

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6.Moreover besides the statements collected during investigation, apparently no document has come to light in support of the allegations regarding the promise made by the applicant and the payment made by the informant.

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7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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8.Having considered the aforesaid facts and submissions and 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 in the aforesaid case.

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

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10.Let the applicant Ajay Singh be released on bail in Case Crime No. 82 of 2022, under Sections 406, 506, 420 IPC, Police Station Belipur, District Gorakhpur 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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11.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 :- 3.12.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.12.07 18:08:46 IST Reason: Location: High Court of Judicature at Allahabad

Ajay Singh v. State of U.P.

Case brief

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Ajay Singh v. State of U.P.

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