Allowed

Daulat Singh Jadon v. State of U.P. through Secretary Home at Lucknow

Allahabad HC15 Nov 2022BAIL/9752/2022

Case brief

AI extract

What is this about?

The court allowed a bail application in a cheating case involving the dishonor of sale cheques. The applicant was released upon the production of an affidavit confirming that the complainant and family had received the full sale consideration and settled the dispute, asserting the applicant's innocence.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding evidence and witness tampering.

Daulat Singh Jadon Vs State of U.P. through Secretary… — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9752 of 2022

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Applicant :- Daulat Singh Jadon Opposite Party :- State Of U.P. Through Secretary Home At Lucknow

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Counsel for Applicant :- Mrityunjay Dwivedi,Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.,Pandey Balkrishna,S.S. Sharma,Sanjay Kumar Chaurasia

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Pramod Kumar Dwivedi, the learned counsel for the applicant, Sri Prateek Kumar, the learned State Counsel, Shri S.S. Sharma, learned counsel for the informant and perused the record.

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By means of the instant application, the applicant is seeking his release on bail in Case Crime No. 949 of 2018, under Sections 420, 406 IPC, Police Station Sikandra, District Agra.

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The aforesaid case has been registered on the basis of a first information report lodged against 5 named accused persons, including the applicant and his other family members, alleging that the accused persons had purchased some property from the informant through various sale deeds, but the cheques given by them towards sale consideration were dishonored by the Bank and thus it appeared that accused persons had cheated the informant and his other family members.

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A supplementary affidavit has been filed on behalf of the applicant enclosing therewith a copy of an affidavit of the informant Tanuj Shivhare filed in the court of C.J.M., Agra stating that the parties have entered into a settlement and the informant and his family members have received the entire amount of sale consideration in respect of the property sold by them and that they do not want any action to be taken against the accused persons.

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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 20.12.2021. 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

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the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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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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Having considered the aforesaid facts and submissions and keeping in view the fact that parties have entered into a settlement and the informant and his family members have received entire amount of sale consideration in respect of property sold by them. I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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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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Let the applicant Daulat Singh Jadon be released on bail in Case Crime No. 949 of 2018, under Sections 420, 406 IPC, Police Station Sikandra, District Agraon 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 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 :- 15.11.2022 Bhanu

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Digitally signed by BHANU PRATAP KUSHWAHA Date: 2022.11.17 15:04:09 IST Reason: Location: High Court of Judicature at Allahabad

Daulat Singh Jadon v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

Daulat Singh Jadon v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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