Single Judge allowed bail in a cheating and forgery case where the applicant was not named in the FIR, alleged the FIR was false to avoid payment of dues, and had no criminal history.
Released on bail on personal bond and two sureties with conditions to not tamper with evidence or influence witnesses.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56183 of 2022
Applicant :- Dharmveer Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Pandey,Nandini Mishra
Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 407 of 2020 at Police Station Kotwali Hathras, District Hathras under Sections 420, 467, 468, 471 I.P.C. The applicant is in jail since 12.10.2022.
The bail application of the applicant was rejected by learned trial court on 21.11.2022.
The following arguments made by Shri Ashish Kumar Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Ajay Kumar Srivastava, learned counsel for the informant and Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant was not named in the F.I.R.
(2).The applicant is a contractor worker. He had executed some constructions work at the house of the informant.
(3). The F.I.R. has been lodged to avoid paying the dues to the applicant.
(4). The applicant did not induce the informant to part with money with the promise of a job.
(5). The applicant is not a beneficiary of any illicit transaction.
(6). Prosecution evidence does not connect the applicant with the offence.
(7). The applicant does not have any criminal history apart from this case.
(8). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Dharmveer Gupta be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 27.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant, absent FIR naming, criminal history, and with only prosecution evidence lacking connection, is entitled to bail.
Whether the alleged offence was fabricated to avoid payment of dues to the applicant.
Whether conditions of bail can be imposed to prevent tampering with evidence and ensure appearance.
Dharmveer Gupta
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
