Allowed

Vishwanath Prasad Nishad v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC3 Nov 2023/9843/2022

Case brief

AI extract

What is this about?

This bail application sought release for the applicant charged with cheating and criminal conspiracy via bounced cheque. The court found the FIR prima facie barred by Section 142 of the Negotiable Instruments Act and granted bail with conditions against tampering and witness pressure.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in like amounts, subject to conditions against tampering and witness pressure.

Vishwanath Prasad Nishad Vs State of U.P. Thru. Prin… — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:72606

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9843 of 2022

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Applicant :- Vishwanath Prasad Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Alok Srivastava,Vishal Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vishal Srivastava, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.371 of 2021, under Sections 409, 420, 120-B I.P.C., registered at Police Station Vibhuti Khand, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.07.2021 against two persons, including the applicant stating that the informant had made investments in a business but the cheque given to him towards its return was returned by the bank unpaid.

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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. In para 19 of the affidavit filed in support of the application for bail the applicant's involvement in two other cases of similar nature has been disclosed. It has further been stated in the affidavit that the informant had made investments in the business under an agreement that he was to be paid agreed returns. The F.I.R. itself discloses that the F.I.R. has been filed after the cheque given by the applicant was returned by the bank unpaid.

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

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the lodging of the F.I.R. prima facie appears to be barred by the provisions of Section 142 of Negotiable Instruments Act coupled with the fact that the applicant is languishing in jail since 18.12.2021 and without making any observation, which may affect the

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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.

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Accordingly, this bail application stands allowed .

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Let the applicant-Vishwanath Prasad Nishad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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

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

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

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(Subhash Vidyarthi, J.)

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Order Date :- 3.11.2023 Ram.

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

Vishwanath Prasad Nishad v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Vishwanath Prasad Nishad v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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