Allowed

Pawan Kumar Gautam v. State of U.P.

Allahabad HC14 Sept 2022BAIL/35946/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, Pawan Kumar Gautam, who was accused under Sections 420 and 406 IPC. The Court noted the distinction in roles among co-accused and the lack of cooperation in the alleged fraud, finding sufficient grounds to allow bail subject to conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties, subject to verification and conditions regarding witness intimidation and trial cooperation.

Pawan Kumar Gautam Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35946 of 2022

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Applicant :- Pawan Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 149 of 2021, registered under Sections 420, 406 I.P.C., Police Station Bahsuma, District Meerut during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that three persons including applicant have been implicated in F.I.R with allegation that accused persons duped informant. They assured informant to give cabin crew job, for that they charged Rs. 15,00,000/- per candidate. He further argued that the applicant has no concern with the demand and not assured the informant for giving him job. He next argued that transfer of the amount has been made in the account of the co-accused Suraj @ Sushant Sharma @ Sachin. He next argued that co-accused Shyam Goswami has been granted bail by the co-ordinate Bench of this Court vide order dated 22.03.2022 passed in Criminal Misc. Bail Application No. 3827 of 2022. The only allegation against the applicant is that he interpreted Suraj @ Sushant Sharma @ Sachin as his boss to informant. The applicant is languishing in jail since 22.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for

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bail. The bail application is allowed.

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Let the applicant, Pawan Kumar Gautam, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 14.9.2022 PS

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Digitally signed by POOJA SHARMA Date: 2022.09.19 17:24:32 IST Reason: Location: High Court of Judicature at Allahabad

Pawan Kumar Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan Kumar Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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