This bail application was allowed for the applicant in a cheating case. The court observed the applicant made out a prima facie case for release on furnishing a personal bond and sureties.
Allowance of bail with personal bond and two sureties.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36178 of 2022
Applicant :- Mohit Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yadvendra Mani Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.115 of 2022, under Sections 406, 420 I.P.C., P.S. Medical College, District Meerut, during pendency of the trial.
Allegation in the F.I.R. is that on 18.01.2022, informant received a call from unknown person that there is urgent clerk vacancy available in the medical college and for this purpose, the informant paid Rs.50,000/- through google pay I.D. to Manoj Kumar Anand.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. There is delay of three months in lodging the F.I.R. as incident occurred on 18.01.2022 and for this delay, no plausible explanation has been given. The applicant has no concern with the alleged transaction. The applicant has two cases of criminal history which has been explained in para-14 of the bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 01.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate 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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Mohit Sharma, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 1.12.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.12.02 12:49:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the offence under Sections 406, 420 IPC.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another
Mohit Sharma
State of U.P.
Deepak Verma
As recorded by the court registry
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