Jai Prakash Prajapati Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2023)

Jai Prakash Prajapati Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Applicant Jai Prakash Prajapati to be released on bail in Case Crime No. 841 of 2020, under Sections 409, 420, 504 I.P.C., registered at Police Station Gomti Nagar, District Lucknow, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Jai Prakash Prajapati should be released on bail in Case Crime No. 841 of 2020, under Sections 409, 420, 504 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

Court's answer

The Court held that the facts that the grievance of the informant was regarding non-payment of the amount invested in a company, that the Managing Director and a Director of the company had already been enlarged on bail, and that the applicant was languishing in jail since 25.07.2021, were sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Detailed headnote1 paragraphs

Bail allowed (Neutral Citation 2023:AHC-LKO:66039). Applicant sought release in Case Crime No. 841 of 2020 under Sections 409, 420, 504 IPC, Police Station Gomti Nagar, District Lucknow, arising from an FIR dated 27.10.2020 alleging that the informant's investment in Massire Infrateck Private limited was not repaid on maturity; the FIR named three persons, not including the applicant. The applicant claimed innocence and false implication, was involved in 51 similar cases with bail already granted in 41, and the co-accused Managing Director (Ratan Chand Dwivedi) and Director (Abhinav Kumar Singh) had already been enlarged on bail by the Court; the applicant was in jail since 25.07.2021. The learned A.G.A. opposed but could not dispute these aspects. Held, the aforesaid facts were sufficient to make out a case for enlargement of the applicant on bail; released on a personal bond and two sureties each in the like amount, subject to conditions not to tamper with prosecution evidence, not to pressurize prosecution witnesses, and to appear on every date fixed by the trial court.

Neutral Citation No. - 2023:AHC-LKO:66039

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12122 of 2023

Applicant :- Jai Prakash Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhir Kumar,Sunil Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Sudhir Kumar, learned counsel for the applicant, Sri Virendra Kumar, the learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 841 of 2020, under Sections 409, 420, 504 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.10.2020 against three persons, not including the applicant,, alleging that the informant had made some investment in Massire Infrateck Private limited but upon maturity no amount was paid to the informant.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant is involved in 51 cases of similar nature, in 41 of which the applicant has already been granted bail. It has also been stated that the co-accused persons Ratan Chand Dwivedi and Abhinav Kumar Singh who are the Managing Director and Director of the company respectively, have already been enlarged on bail by this court.

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the grievance of the informant is regarding non-payment of the amount invested in a company and the Managing Director and a Director of the company have already been enlarged on bail and the applicant is languishing in jail since 25.07.2021 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case

for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Jai Prakash Prajapati be released on bail in Case Crime No. Case Crime No. 841 of 2020, under Sections 409, 420, 504 I.P.C., registered at Police Station Gomti Nagar, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

Order Date :- 11.10.2023 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench