Allowed

Chetan Jaiswal v. State of U.P.

Allahabad HC22 Mar 2022BAIL/3705/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowing release of applicant Chetan Jaiswal in a cheating case involving forgery and criminal conspiracy. Court considered delay in FIR, lack of prior conviction, and relied on Apex Court dictum to find it a case of bail.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions of attending trial, not tampering with witnesses, and no illegal activities.

Chetan Jaiswal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3705 of 2022

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Applicant :- Chetan Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused applicant, Chetan Jaiswal is involved in Case Crime No. 297 of 2021, under Sections 420, 406, 323, 504, 506, 120B I.P.C. registered at Police Station Pallavpuram, District Meerut.

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It is argued by the learned counsel for the applicant that the applicant has not received money mentioned in the first information report and whatever money is said to have been invested, has been deposited in the account of the accused Baint Singh and Pallavi Aujala. He was a mere trainer in Mahafilm Production House, Chandigarh. The money is said to have been invested in the year 2017 and the first information report was lodged in the year 2021 and the delay has not been explained. Prior to this case, which has been slapped upon him regarding the same offence there is no other criminal history against him. In Case Crime Nos. 662 of 2019 and 539 of 2019 he has been released on bail by the coordinate bench of this Court, hence the prayer of bail is made.

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Per contra, the bail application has been opposed by the learned A.G.A. and it is submitted that the first informant has been duped with Rs. 25 lacs and Rs. 37 lacs which have been deposited in the account of Mahafilm Production House on the ground that the amount shall be benefited three times of their investment.

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From perusal of the first information report, it is clear that the amount has not been deposited in the account of the present accused. However, the present accused has been granted bail in two similar cases i.e. Case Crime Nos. 662 of 2019 and 539 of 2019 by the coordinate bench of this Court. The allegation upon this accused is of Sections

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120B and 420 I.P.C.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Chetan Jaiswal, who is involved in aforesaid 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:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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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 :- 22.3.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.03.23 16:53:42 IST Reason: Location: High Court of Judicature at Allahabad

Chetan Jaiswal v. State of U.P.

Case brief

What is this about?

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Chetan Jaiswal v. State of U.P.

Case brief

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What did the court decide?

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