Allowed

Rupak Chaubey v. State of U.P.

Allahabad HC16 Dec 2022BAIL/53542/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by Rupak Chaubey in Case Crime No. 61 of 2021 involving charges of cheating and criminal conspiracy, directing his release on personal bond and two sureties subject to standard conditions.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions prohibiting tampering with evidence and influencing witnesses.

Rupak Chaubey Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53542 of 2022

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Applicant :- Rupak Chaubey Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Upendra Upadhyay

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Satyendra Narayan Singh, the learned counsel for the applicant, Sri Jai Kishan Chaurasia, the learned State Counsel and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 61 of 2021, under Sections 419, 420, 323, 504, 506, 406 IPC, Police Station Gholapur, District Varanasi.

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3.The aforesaid case has been registered on the basis of FIR lodged on 10.02.2021 against the applicant and one Prem Das Chaubey (applicant's uncle), alleging that the applicant had proposed that he would get the informant employed through his uncle- the co-accused, Prem Das Chaubey in case the informant pays Rs. 08 lacs. The informant, accordingly, transferred Rs. 08 lacs from his bank account to the account of the applicant on 01.08.2022 but he could not get an employment.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 01.11.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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5.It has further been stated in the affidavit that on 27.07.2021, the applicant had lodged an FIR against four persons, including the informant, alleging that one of the named accused persons Ajay Yadav had taken away the Scorpio vehicle of the applicant on 20.03.2020 but he did not return the same and on 29.06.2020, the applicant had given the application in this regard to the Superintendent on 30.01.2021. The applicant came to know that the aforesaid Ajay Yadav had fraudulently sold

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away the applicants vehicle and in place of the applicant's mobile numbers on the transfer form submitted to the RTO office, the mobile number of the present informant is mentioned indicating that he is involved in the conspiracy. The informant filed an application for anticipatory bail, a copy whereof has been filed with the supplementary affidavit filed on behalf of the applicant, wherein he stated that one Ram Ashraya Yadav was willing to purchase the vehicle and, therefore, one Ajay Yadav had paid Rs. 1,00,000/- and the applicant had paid Rs. 08 lacs from his account to the account of applicant as sale consideration amount of the vehicle.

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6.The applicant's criminal history has been explained in a supplementary affidavit filed in support of the bail application, as per which he is involved in three other cases-(i) Case Crime No. 05 of 2020, under Sections 323, 504, 506 and 427 IPC and Section 3(1) (Gha) SC/ST Act, P.S. Gholapur, District Varanasi, in which the police has filed a final report, (ii) Case Crime No. 244 of 2021, under Sections 147, 352, 323, 504, 506, 427 IPC, P.S. Gholapur, District Varanasi, which has also been filed by the present informant after lodging of the present case and (iii) Case Crime No. 125 of 2022, under Sections 147, 452, 323, 504, 506 IPC, P.S. Gholapur, District Varanasi, in which the police has submitted a final report.

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7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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8.Having considered the aforesaid facts and circumstances, what prima facie appears at this stage is that even as per the FIR averments, the informant had paid the amount for illegally securing employment by paying gratification, which can only be termed as bribe and the informant has taken recourse to the process of the law for recovery of the amount, which he had allegedly paid as bribe but in the affidavit filed in support of the Anticipatory Bail Application No. 6799 of 2021 filed by the informant, he had stated that he had paid Rs. 08 lacs from his account towards sale consideration of the applicant's vehicle, I am of the view that the applicant to be released on bail.

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

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10.Let the applicant Rupak Chaubey be released on bail in Case Crime No. 61 of 2021, under Sections 419, 420, 323, 504, 506, 406 IPC, Police Station Gholapur, District Varanasi on furnishing a personal bond and two sureties each in the like

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amount to the satisfaction of the court below, subject to the following conditions:-

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(i) 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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11.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 :- 16.12.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.12.21 13:10:46 IST Reason: Location: High Court of Judicature at Allahabad

Rupak Chaubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rupak Chaubey v. State of U.P.

Case brief

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