Allowed

Amit Gangwar v. State of U.P.

Allahabad HC4 Aug 2022BAIL/6378/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant Amit Gangwar in a cheating case. The court allowed release contingent upon the deposit of the alleged loss amount, adherence to specific conditions regarding attendance and non-interference with witnesses, and the right to proceed against him for bail abuse.

What did the court decide?

Application for release on bail allowed; deposited Rs. 5,60,000 and adherence to specific bail conditions.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6378 of 2022

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Applicant :- Amit Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav,Kanchan Sharma,Narendra Giri,Pankaj Kumar Gupta,Prashant Vyas Counsel for Opposite Party :- G.A.,Syed Ali Imam

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; Sri Syed Ali Imam, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Amit Gangwar, with a prayer to release him on bail in Case Crime No. 1555 of 2021, under Sections 406, 420 IPC, Police Station Sahibabad, District- Ghaziabad, during pendency of trial.

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There is allegation of cheating and criminal breach of trust against the applicant. The informant is alleged to have paid Rs.5,60,000/- to the applicant for purchasing car. Neither the money has been returned nor car has been provided.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He has further submitted that he is willing to return the aforesaid amount within a month without prejudice to his rights in the trial. The applicant has no criminal history to his credit and he is languishing in jail since 27.12.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , and without expressing any opinion on the merits of the case, let the applicant 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 :-

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(i) The applicant shall be enlarged on bail after depositing an amount of Rs.5,60,000/- in favour of the informant by way of account transfer and furnishing of proof of the same before the court concerned.

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(ii) The applicant shall not tamper with the evidence or threaten the witnesses.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(v) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(vi) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of 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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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The payment of Rs.5,60,000/- shall abide by final decision of the trial court and will not prejudice the rights of the applicant in trial.

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Order Date :- 4.8.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.08.04 16:27:27 IST Reason: Location: High Court of Judicature at Allahabad

Amit Gangwar v. State of U.P.

Case brief

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Amit Gangwar v. State of U.P.

Case brief

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