Allowed

Shivpujan v. State of U.P.

Allahabad HC2 Nov 2022BAIL/4239/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Shivpujan in a cheating case involving IPC sections and the IT Act. The court ordered release on bail subject to refunding the alleged amount to the informant within six months and adherence to standard conditions. A separate order signed by A.N. Mishra digitized the judgment.

What did the court decide?

Release on bail subject to furnishing personal bond, two sureties, and tendering Rs. 2,50,000 as interim refund to informant within six months.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4239 of 2022

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Applicant :- Shivpujan Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh,Ali Hasan,Istiyaq Ali,Roshan Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ali Hasan, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 169 of 2021, under Sections 120B, 420, 406, 467, 468, 471 IPC and Section 66-D Information Technology (Amendment) Act, 2008, Police Station Nawabganj, District Kanpur Nagar during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged against three named accused persons, including the applicant, alleging that the accused persons had assured to get a government job for the informant and that he paid total amount of Rs.10,00,000/- out of which Rs.5,00,000/- is alleged to have been paid in cash to the applicant.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and applicant has no previous criminal history.

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The applicant is languishing in jail since 16.09.2021.

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Learned counsel for the applicant made a statement that the applicant is willing to refund the amount of Rs.5,00,000/alleged to have been paid to him in cash.

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Having regard to the aforesaid facts, I am of the view that the applicant is entitled to be released on bail subject to the following conditions.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Shivpujan be released on bail in Case Crime No. 169 of 2021, under Sections 120B, 420, 406, 467, 468, 471 IPC and Section 66-D Information Technology (Amendment) Act, 2008, Police Station Nawabganj, District Kanpur Nagar during pendency on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will tender an amount of Rs.2,50,000/through a bank draft issued in the name of the informant before the learned court below at the time of his release on bail. The balance of amount alleged to have been paid to the applicant will be returned to the informant within a period of six months from the date of his release. The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 2.11.2022

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A.N. Mishra

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Digitally signed by AMARNATH MISHRA Date: 2022.11.15 10:25:39 IST Reason: Location: High Court of Judicature at Allahabad

Shivpujan v. State of U.P.

Case brief

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Shivpujan v. State of U.P.

Case brief

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