Rohitash Kumar Gangwar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

Rohitash Kumar Gangwar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Release of applicant Rohitash Kumar Gangwar on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he shall appear on the date fixed by the trial court, shall not tamper with the prosecution evidence and shall not pressurize the prosecution witnesses; in case of breach, the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant, Rohitash Kumar Gangwar, named in Case Crime No. 284 of 2020 under Sections 420, 406, 467, 468 IPC, Police Station Sadar Bazar, District Shahjahanpur, should be enlarged on bail under Section 439 Cr.P.C. during the pendency of trial.

Court's answer

The applicant is entitled to be enlarged on bail; the Court reached this opinion without commenting on the merits, considering his confinement of almost one month, the submitted charge-sheet with no hope of early conclusion of trial, and the absence of any reasonable apprehension brought to the fore by the State that he would tamper with evidence, delay the trial or intimidate the witness.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vivek Varma, J.; Neutral Citation 2023:AHC:162096; order dated 10.8.2023) allowed Criminal Misc. Bail Application No. 33457 of 2023 under Section 439 Cr.P.C. filed by Rohitash Kumar Gangwar seeking bail in Case Crime No. 284 of 2020, under Sections 420, 406, 467, 468 IPC, Police Station Sadar Bazar, District Shahjahanpur, during the pendency of trial. Counsel contended the applicant was falsely implicated, the dispute with the informant was primarily civil arising from a commercial transaction, the amount claimed had already been returned, and parity existed with co-accused Sunil Kumar Jaiswal, granted bail in Criminal Misc. Bail Application No. 6322 of 2022 (order dated 03.06.2022); the applicant had been in jail since 28.06.2023 with no criminal history. The learned AGA opposed the prayer but could not satisfactorily dispute these submissions from the record. Granting bail without commenting on the merits, the Court relied on the applicant's confinement of almost one month, the submitted charge-sheet leaving no hope of early conclusion of trial, and the absence of any reasonable apprehension that he would tamper with evidence, delay the trial or intimidate witnesses. Release was ordered on a personal bond and two sureties each in the like amount, conditioned on appearance before the trial court, non-tampering with prosecution evidence and non-pressure on prosecution witnesses; breach entitles the prosecution to move a bail cancellation application before the Court.

Neutral Citation No. - 2023:AHC:162096

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33457 of 2023

Applicant :- Rohitash Kumar Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record.

The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 284 of 2020, under Sections 420, 406, 467, 468 IPC, Police Station Sadar Bazar, District Shahjahanpur, during the pendency of trial.

Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant has not taken any money for providing job to the informant and other persons. In fact, the applicant and the informant were engaged in a commercial transaction. The dispute between them is primarily of civil in nature. The amount claimed by the informant has already been returned. It is next contended that co-accused Sunil Kumar Jaiswal having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 6322 of 2022 vide order dated 03.06.2022. The applicant claims parity. The applicant is in jail since 28.06.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made above and the fact that the applicant has remained confined for almost one month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Rohitash Kumar Gangwar, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of

the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 10.8.2023 Lbm/-

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad