Single judge granted bail to the applicant in a fraud case involving false appointment, emphasizing larger constitutional mandate without expressing opinion on merits, subject to standard conditions.
Release on bail with personal bond and two sureties each.
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Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6248 of 2023
Applicant :- Pawan Madheshiya Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Pawan Madheshiya, with a prayer to release him on bail in Case Crime No. 74 of 2021, under Sections 419, 420, 467, 468, 471 IPC, Police Station Bardah, District- Azamgarh, during pendency of trial.
Allegation against the applicant is that he obtained appointment on the basis of fraudulent documents. His appointment has been cancelled and FIR has been lodged.
Learned counsel for the applicant has submitted that appointment of the applicant was not based on any fabricated documents. He was not given any opportunity of hearing nor any inquiry was conducted. Directly FIR has been lodged. He was working as Assistant Teacher and was required to have been heard before lodging the FIR against him. The applicant is in jail since 17.6.2022.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 15.3.2023 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant be released on bail in the pending trial for fraud-related offences.
Whether the lack of opportunity of hearing before lodging the FIR affects the bail application.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherDistinguished¶10
(2018) 3 SCC 22 · Who else cites this
Pawan Madheshiya
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
