The court allowed a bail application in a cheating case punishable under Sections 420, 406, 506 IPC, holding that the applicant made out a case for bail.
The applicant is released on bail upon furnishing a personal bond and two sureties, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51511 of 2022
Applicant :- Mohammad Afzaal @ Monu Rathaur Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant- Mohammad Afzaal @ Monu Rathaur for grant of bail, in case Crime No. 425 of 2022, under Sections 420, 406, 506 I.P.C., Police Station Khatauli, District Muzaffar Nagar, during trial.
As per the allegations of the F.I.R. the accused pretending to be a leader of BJP and robbing the poor women of Shekhpura village told that the Chief Minister has started a Samuhik Vivah Yojana for the marriage of daughters of economically weak families. The accused took 25 thousand rupees from each applicant in the name of marrying their daughters and got the registration form filled and also promised to give one lakh rupees to each applicant. The accused gave check of Rs.65000/to someone and check of Rs.61000/- to someone from his account as a guarantee and asked many people to give checks in future. The accused had cheated lakhs of rupees and on demanding back, he abused and threatened to kill.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case due to enmity. He further submits that the date of the incident is not mentioned in the F.I.R. and the F.I.R. was lodged about two month's delay. It is further submitted that while travelling in a bus, applicant's cheque book was misplaced and being an illiterate person he did not inform the concerned bank. But when his cheque book was used by some other person, this fact came into his knowledge. The informant gathered the women of the village by luring them with money and implicated him in a false case.
The informant did not give any details of the medium through which the money was given to the applicant. It is also submitted that there is no independent witness to corroborate the prosecution case and the applicant has no concern with the present case. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 15.09.2022 without having any previous criminal history and deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Mohammad Afzaal @ Monu Rathaur involved in the 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 with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.11.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.11.17 16:58:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail while the trial is pending in a cheating case.
3 provisions across 1 enactments
Mohammad Afzaal @ Monu Rathaur
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
