The High Court dismissed a bail application regarding cheating and forgery charges, finding no fresh grounds. The Court noted investigation lapses involving forged bank accounts and directed an inquiry by the ADG of Meerut Zone.
Bail application dismissed; inquiry directed into investigation lapses regarding forged bank accounts.
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Neutral Citation No. - 2023:AHC:181200
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28424 of 2023
Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.,Jawahir Yadav
Hon'ble Ajay Bhanot,J.
Personal affidavit of Shri Abhishek Verma, Superintendent of Police, Hapur filed by the learned A.G.A.-I is taken in the record.
Shri Jawahir Yadav, learned counsel appears for the opposite party.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.381 of 2022 at Police Station-Pilkhua, District-Hapur under Sections 420, 406, 419, 467, 468, 471, 411, 120-B IPC and Section 66D of the I.T. Act. The applicant is in jail since 22.07.2022.
The bail application of the applicant was rejected by the trial court on 24.01.2022.
The personal affidavit discloses that the offending phone calls were made from the mobile devices which were recovered from the applicant. The victim has been duped of her funds/life savings by the applicant and another coaccused persons. There is likelihood that the applicant committed the offence. The offence is grave. At this stage, no fresh ground for bail is made out.
The bail application is dismissed.
However, this Court would like to record that the poor investigations, inasmuch as, forged investigations were made into the trail by the persons who had opened forged bank accounts in which monies were transferred. This Court has repeatedly expressed its concern on the deficient standards of investigations and supervision of the investigations and also training of the investigating officers from time to time.
Registry is directed to send a copy of this order to the Additional Director General of Police (ADG), Meerut Zone as well as Commissioner, Meerut to inquire into the prima facie lapses in the investigations as regards the determination of the persons who were responsible for opening the forged bank accounts.
This Court has already directed the learned trial court to expedite the trial in Criminal Misc. Bail Application No.618 of 2023 (Alok Jha v. State of U.P.). The same order will also apply in this case.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Hapur by the Registrar (Compliance) by FAX.
Order Date :- 19.9.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the accused is entitled to bail when likelihood of offence and grave nature of offence are established.
2 provisions across 2 enactments
Arshad
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
