Allowed

Ghanshyam Pathak v. State of U.P.

Allahabad HC10 Oct 2023BAIL/30463/2023

Case brief

AI extract

What is this about?

In a second bail application under Section 408 and other IPC sections for cheating and forgery, the Allahabad High Court allowed the release of the applicant on bail. The court noted that the entire defrauded amount was deposited by the applicant after the first bail application was rejected, and he had no criminal history.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Ghanshyam Pathak Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195162

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30463 of 2023

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Applicant :- Ghanshyam Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Vishwakarma,Vijit Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 227 of 2022, under Sections 408, 467, 468, 471 IPC, Police Station Cantt., District Gorakhpur during pendency of the trial.

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Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court vide order dated 12.04.2023 passed in Criminal Misc. Bail Application No. 13903 of 2023 and the first bail application of the applicant was dismissed on the ground that applicant was Relationship Executives in the Company of the informant and even after receiving money from the customers, he failed to deposit the same but now entire amount, which has been duped by the applicant, has been deposited by the applicant in the company and in this regard Sunil Kumar Singh, the informant of the case, who is Regional Manager of the company, has filed a declaratory affidavit before the District and Sessions Judge, Gorakhpur, which has been annexed as Annexure-12 to the affidavit.

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He further submits that as entire money in question has already been deposited by the applicant, therefore, applicant, who is not having any criminal history and in the present matter is in jail since 23.02.2023, may be enlarged on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that entire money in question has been deposited by the applicant.

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I have heard learned counsel for the parties and perused the

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record of the case.

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This is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court on merit but it appears from the record that after rejection of first bail application, the entire amount in question, which alleged to have been duped by the applicant, has already been deposited by the applicant in the company and this fact is also could not be disputed by learned AGA.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Ghanshyam Pathak 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 10.10.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Ghanshyam Pathak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ghanshyam Pathak v. State of U.P.

Case brief

What is this about?

What did the court decide?

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