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

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

What the court decided

AI extract

Outcome

Applicant Mukesh Sharma to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before issuance of the release order, subject to the conditions recorded in paras 12-14 (no tampering with prosecution evidence/witnesses; sincere cooperation in trial without adjournments; no criminal activity after release); breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Mukesh Sharma, should be released on bail in Case Crime No. 76 of 2022, under Sections 406 and 420 I.P.C., P.S. Jawan, District Aligarh.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, the nature of offence, evidence and complicity of the accused, and the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

Bail was granted subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating or pressurising witnesses during investigation or trial; shall cooperate in the trial sincerely without seeking adjournment; and shall not indulge in any criminal activity after release; breach of any condition shall be a ground for cancellation of bail.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.; Order Date 1.2.2023) allowed Criminal Misc. Bail Application No. 58770 of 2022 and granted bail to Mukesh Sharma in Case Crime No. 76 of 2022, under Sections 406 and 420 I.P.C., P.S. Jawan, District Aligarh. The FIR, lodged through an application under Section 156 (3) Cr.P.C., alleged that the informant, at the request of co-accused Om Prakash, invested Rs.1000/- per month in a bond/policy and received no payment on maturity. Counsel for the applicant submitted that the applicant was falsely implicated and not named in the FIR, that co-accused Om Prakash was the main accused, that the applicant had been implicated in fourteen cases of the same nature with bail granted in some, and that he was languishing in jail since 08.07.2022. Considering the facts, submissions, nature of offence, evidence and complicity of the accused, and relying on the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another (S.L.P.(Crl.) No. 5191 of 2021), and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and directed his release on a personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence or witnesses, sincere cooperation in trial without seeking adjournment, no criminal activity after release), breach of any condition being a ground for cancellation of bail.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58770 of 2022

Applicant :- Mukesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.76 of 2022, under Sections 406 and 420 I.P.C., P.S. Jawan, District Aligarh of the trial.

Instant F.I.R. has been lodged through application under Section 156 (3) Cr.P.C. alleging that informant on the request of coaccused Om Prakash, invested Rs.1000/- per month by purchasing a bond/policy but after getting the policy matured, no payment was made.

Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the F.I.R. Co-accused, Om Prakash is the main accused who persuaded the informant and took paper from the informant. The applicant has no concern with the alleged incident.The applicant has been implicated in fourteen cases for the same nature and in some cases, he has been granted bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 08.07.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

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 the law laid down by the Apex Court in 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, Mukesh Sharma, 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.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 1.2.2023 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad