This judgment grants bail to the applicant in a cheating and criminal breach of trust case. The court held that the applicant was entitled to bail given the lack of evidence against his employment claims and non-cognizable nature of the offence.
Applicant released on bail upon furnishing a personal bond and two sureties, subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35807 of 2022 Applicant :- Rajendra Patel Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
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.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
Order Date :- 7.12.2022
Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.12.09 12:39:00 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a cheating and criminal breach of trust case.
Whether the personal bond and sureties are sufficient conditions for bail.
Whether the presumption of innocence overrides the denial of bail in non-cognizable offences.
Rajendra Patel
State of U.P.
Jaswant Kumar
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
