Allowed

Rakesh Chaurasiya v. State of U.P. Thru. Prin Secy. Home Govt. Lko.

Allahabad HC18 Jul 2024BAIL/7478/2024

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court granted bail to the applicant accused of cheating and fraud under various IPC sections. The court imposed personal bond and sureties, with conditions to ensure witness safety and attendance throughout the trial.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties with undertaking to visit court on all dates and not to tamper with evidence.

Rakesh Chaurasiya vs State of U.P. Thru. Prin Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70688

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7478 of 2024

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Applicant :- Rakesh Chaurasiya Opposite Party :- State Of U.P. Thru. Prin Secy. Home Govt. Lko. Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Rejoinder affidavit filed today by cousnel for the applicant is taken on record.

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

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 144 of 2024, under sections 420, 465, 467, 468 and 471 of IPC, P.S.- Hazaratganj, District - Lucknow.

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The contention of learned counsel for the applicant is that as per the prosecution story, the allegation against the present applicant is that he has misappropriated some amount, while committing cheat & fraud though, there is no cogent piece of evidence against him. He further submits that the offence, as per the allegation is that the role of the applicant is to commit cheat & fraud though, no amount has ever been misappropriated or in-credited in the account of present applicant. He further submits that the applicant has no previous criminal history as is mentioned in paragraph no. 12 of the affidavit filed in support of the bail application and he is languishing in jail since 25.5.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief.

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Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 25.5.2024; the applicant has no

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previous criminal history as is mentioned in paragraph no. 12 of the affidavit filed in support of the bail application coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

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Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant- Rakesh Chaurasiya involved in the aforementioned 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:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 21.10.2024 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Chaurasiya v. State of U.P. Thru. Prin Secy. Home Govt. Lko.

Case brief

What is this about?

What did the court decide?

Rakesh Chaurasiya v. State of U.P. Thru. Prin Secy. Home Govt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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