Allowed

Mohanlal Singh @ Monu v. State of U.P.

Allahabad HC20 Dec 2022BAIL/58181/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Mohanlal Singh challenging his incarceration in a cheating case. The court observed parity with co-accused granted bail by coordinate benches. Applying Article 21 and earlier precedent, the court granted bail subject to standard conditions including personal appearance and non-interference.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties of like amount.

Mohanlal Singh @ Monu Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58181 of 2022

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Applicant :- Mohanlal Singh @ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra,Ashish Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Copies of status reports downloaded from the High Court's website regarding grant of bail to co-accused persons, Ganesh Kumar and Hariom, by coordinate Benches of this Court vide order dated 19.12.2022 passed in Criminal Misc. Bail Application Nos. 54778 of 2022 and 57645 of 2022 which have been verified by Sri Laxman Prasad Prajapati, learned A.G.A. for the State, has been produced by the learned counsel for the applicant in the Court today which are taken on record.

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Heard Sri Anil Kumar Mishra, learned counsel for the applicant, Sri Laxman Prasad Prajapati, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Mohanlal Singh @ Monu, with a prayer to release him on bail in Case Crime No. 215 of 2022, registered under Sections 420, 467, 468, 471 I.P.C. & Section 66(D) I.T. Act, Police Station- Hastinapur, DistrictMeerut, during pendency of trial.

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According to prosecution case, the applicant had assisted co-accused persons, Hariom and Ganesh in preparing clone of thumb impression of the aadhar card holders/account holders from whose accounts money was fraudulently withdrawn.

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Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that applicant was neither named in the first information report nor arrested from the spot. It is also submitted that main accused persons, Hariom and Ganesh, to whom the informant, Anuj Gagneja, had given his aadhar card and e-shram card and by cloning his thumb impression, money was withdrawn by them, have been enlarged on bail vide order dated 19.12.2022 passed by another coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 54778 of 2022 and 57645 of 2022 respectively. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 29.10.2022 and has no criminal antecedents to this credit. In case the applicant is released on bail, he will

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not misuse the liberty.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.

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Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that identically circumstanced co-accused persons, namely, Hariom and Ganesh, have been enlarged on bail by coordinate Benches of this Court, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Mohanlal Singh @ Monu , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause,

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then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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 :- 20.12.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.12.20 17:51:43 IST Reason: Location: High Court of Judicature at Allahabad

Mohanlal Singh @ Monu v. State of U.P.

Case brief

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Mohanlal Singh @ Monu v. State of U.P.

Case brief

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