The court allowed bail to a 70-year-old applicant accused of cheating and forgery. The court found no material to deny bail, noting the dispute appears civil in nature and citing the principle that bail is the rule.
Release on bail by personal bond and two sureties subject to standard conditions.
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Neutral Citation No. - 2023:AHC:119844
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18286 of 2023
Applicant :- Ramdular Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava
Hon'ble Vikram D. Chauhan,J.
1A. Rejoinder affidavit, filed today, is taken on record.
3A. Learned counsel for the informant submits that the informant had paid amount of expenditure of Rs. 30,00,000/- on the construction of house. However, on specific query being made to learned counsel for the informant, as to whether, any sale deed or any agreement of sale has been executed. Learned counsel for the informant submits that no sale deed or agreement of sale has been
executed. He was shown bheeta as a title document.
3B. The dispute seems to be a civil dispute between the parties with regard to the financial transaction. The informant is the purchaser and it is the duty under law to verify the title antecedents of the applicant. In the present case, no document has been shown by the informant with regard to the verification of his title antecedents of applicant.
offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.
(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v). The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.
(vi). The applicant shall not leave India without the previous permission of the Court.
(vii). In the event, the applicant changes his residential address, he shall inform the court concerned about his new residential address in writing.
Order Date :- 29.5.2023 Sumit Kumar
Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused in cases involving cheating and forgery, is entitled to bail.
Colour shows how this judgement treated each authority
Satyendra Kumar AntilReferred¶16
Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51 · Who else cites this
Ramdular
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vikram D. Chauhan
Parties & counsel
