Criminal Court granted bail to Shailendra Singh in a cheating case, considering innocence claims, lack of recovery, and UNCL winding-up trial, imposing conditions regarding evidence tampering and criminal activity.
Release on bail with personal bond and two sureties subject to conditions not to tamper with evidence or commit further crimes.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2545 of 2023
Applicant :- Shailendra Singh @ Raju Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh,Thakur Azad Singh Counsel for Opposite Party :- G.A.,Deepak Dubey
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Deepak Dubey, learned counsel for the complainant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.476 of 2022, under Sections 406, 419, 420, 504, 506 I.P.C., P.S. Kotwali, District Fatehpur.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant was working in Merchant Navy since 2015 and at present he is working as 2nd Class Officer. It is pertinent; nothing has been recovered from possession of applicant; the applicant has never taken any money from the complainant for providing job; there is no independent witness of the alleged recovery. The only allegation against the applicant is that he was present in the house of co-accused namely Ashutosh Singh @ Shivam when talks regarding providing job took place. The applicant has criminal history, which has been explained in paragraph no.16 of the affidavit accompanying this bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 15.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. have opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Shailendra Singh @ Raju Yadav , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release
order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.3.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a cheating case involving Sections 420, 419, and 406 IPC.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021Referred¶9
Shailendra Singh @ Raju Yadav
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
