Allowed

Ajay Kumar Sharma v. State of U.P.

Allahabad HC27 Mar 2023BAIL/8069/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application in a cheating and criminal breach of trust case. The court allowed bail, holding the applicant entitled to release as the maximum punishment is seven years and the offence is triable by Magistrate First Class.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to conditions of appearance, non-interference, and no criminal activity.

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8069 of 2023

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Applicant :- Ajay Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.577 of 2018, under Sections 406, 419 and 420 IPC, Police Station Mughalsarai, District Chandauli during pendency of the trial.

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FIR of the present case was lodged against the applicant and coaccused Vijay Yadav under Sections 419 and 420 IPC and according to the FIR, applicant and co-accused Vijay Yadav induced the informant and others that they will provide them government job in the Health Department and on their inducement, informant and others provided huge amount of money to them. It is further alleged that the amount of Rs.50,000/- was transferred by the informant in the account of applicant and after receiving money neither the informant nor others got the job nor their money was returned by applicant and co-accused Vijay Yadav.

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Learned counsel for the applicant submitted that entire allegation against the applicant is totally false and baseless and applicant never induced the informant and others to provide job to them. He further submits that due to illness of the daughter of applicant, he was in need of money and, therefore, on his request the informant transferred Rs.50,000/- in his account and thereafter some dispute arose between applicant and informant

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and he implicated applicant in the present matter along with coaccused Vijay Yadav

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He further submits that co-accused Vijay Yadav has already been released on bail by the court concerned itself and his bail order has been annexed as Annexure-6 to the affidavit filed in support of the present bail application. He further submits that applicant was not having any previous criminal history but simultaneously on the basis of same allegation he was also implicated in one another case and in that case he has already been released on bail.

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He further submits that applicant in the present matter is in jail since 3.11.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that in the account of applicant Rs. 50,000/- was transferred by informant but could not dispute the fact that all the offences are triable by Magistrate First Class and maximum punishment for the alleged offence is seven years.

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I have heard learned counsel for the parties and perused the record of the case.

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Although there is allegation against the applicant that he received huge amount of money from the informant and others along with co-accused Vijay Yadav under the false promise to provide them government job and out of huge money Rs.50,000/- was also transferred in his account but considering the fact that all the alleged offences are triable by Magistrate First Class and maximum punishment provided under the alleged offence is seven years and applicant in the present matter is in jail since 3.11.2022, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Ajay Kumar Sharma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 27.3.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Ajay Kumar Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Kumar Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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