This judgment grants bail to the applicant in a cheating and forgery case involving a Kisan Credit Card transaction. Relying on Satendra Kumar Antil, the court held the applicant made out a case for bail.
Bail to the applicant was allowed on his furnishing a personal bond and two sureties each in the like amount subject to verification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55506 of 2022
Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A.,M.P.S. Chauhan
Hon'ble Deepak Verma,J.
Second supplementary affidavit, filed today by learned counsel for the applicant, is taken on record.
Counter affidavit, filed by learned counsel for the informant, is also taken on record.
Heard Sri Y.K. Tiwari, learned counsel for the applicant, Sri M.P.S. Chauhan, learned counsel for the informant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Rakesh Kumar with a prayer to release him on bail in Case Crime No. 85 of 2022, u/s 420, 406, 467, 468, 471 I.P.C., P.S. Godha, District Aligarh during pendency of the trial.
It is alleged in the FIR that the Kisan Credit Card (KCC) was approved in favour of the informant in the year 2019, thereafter, applicant transferred amount of Rs.2,90,000/- in his own account.
It is argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to prior enmity. The KCC amount was transferred in the account of informant. Thereafter, the applicant put the cheque which was given by the informant to him for borrowed money, therefore, he withdrew the amount from the account of the informant. It is further submitted that the applicant has criminal history of one case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 9.10.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. vehemently opposed the bail prayer of the applicant and urged that the informant had issued blank cheque in favour of the applicant for processing cash credit card but the applicant misused the same.
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 larger mandate of the Article 21 of the Constitution of India, 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, Rakesh Kumar , who is involved in the aforesaid case crime, 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 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 :- 20.1.2023 Vandana
Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the present charge of cheating and forgery considering his prior enmity and medical necessity.
Whether the High Court is satisfied that the applicant has made out a prima facie case for bail under the principle in Satendra Kumar Antil.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherRelied on¶13
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021
Rakesh Kumar
State of U.P.
Deepak Verma
Vandana Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma and Vandana Gautam
Parties & counsel
