The High Court allowed the bail application of Mohd Sohrab in a cheating case under IPC sections 419, 420, 467, 468, 406, 120-B, citing insufficient cogent evidence and prior bail grant by another bench.
Applicant released on bail on personal bond and two sureties subject to conditions of not tampering with evidence and cooperating in trial.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35970 of 2022
Applicant :- Mohd Sohrab Opposite Party :- State of U.P. Counsel for Applicant :- Afjal Ahmad,Faraz Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant- Mohd. Sohrab with a prayer to release him in Case Crime No.10 of 2022, under sections 419, 420, 467, 468, 406, 120-B IPC, Police Station Jaitpura, District Varanasi, during pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. As per the allegation the applicant is involved in cheating of innocent person on the pretext of sending them to do job to the foreign countries. Further allegation is that the papers given by the present applicant in collusion with other persons for providing job to the complainant were fake and fabricated and the accused persons had given a false assurance of job to the complainant and had taken illegal a sum of Rs.60,000/- from the applicant. The applicant is quite innocent and he has been falsely implicated in the present case. It is submitted that there is general allegations against all accused persons and offence is triable by the court of Magistrate. The applicant has been granted bail in same set of allegation by another Bench of this Court vide order dated 29.07.2022 passed in Criminal Misc.Bail Application No.28308 of 2022. It is argued that the complainant/ informant is himself guilty of giving money to the applicant and other co-accused persons for getting job in foreign counties. There is no cogent evidence against the applicant of cheating the complainant. The applicant is in jail since 13.4.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 mandate laid down by the Apex Court in the case of
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Mohd. Sohrab , who is involved in Case Crime No.10 of 2022, under sections 419, 420, 467, 468, 406, 120-B IPC, Police Station Jaitpura, District Varanasi, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.8.2022 SFH
Digitally signed by SYED FAHIM HUSAIN Date: 2022.09.02 14:17:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant made out a case for bail in a cheating case tried by a Magistrate Court.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶9
(2018)3 SCC 22 · Who else cites this
Mohd Sohrab
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
