Dismissed

Ashish Jain v. State of U.P. and Another

Allahabad HC1 Aug 2024BAILC/242/2024

Case brief

AI extract

What is this about?

This application sought cancellation of bail granted in a cheque-driven cheating case. The High Court held that cancelling bail requires cogent and overwhelming reasons and dismissed the application for lack of merit.

What did the court decide?

Application for cancellation of bail dismissed.

What the court decided

Ashish Jain vs State of U.P. and Another — Money Laundering | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124005

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 242 of 2024

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Applicant :- Ashish Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishabh Shukla,Yogendra Nath Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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On 04.04.2024, notice was issued to O.P. No. 2. As per the office report dated 02.07.2024, O.P. No. 2 was not residing at the given address and, therefore, notice has been served upon him through Whatsapp. Despite service of notice, none appeared on behalf of O.P. No. 2.

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Heard Sri Yogendra Nath Shukla, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent.

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The instant application has been filed seeking set aside the bail granted to O.P. No. 2 by Learned Session Judge in case crime no. 735 of 2022, under Sections 420, 406, 504, 506 IPC, P.S.- Sihani Gate, District- Ghaziabad.

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Learned counsel for the applicant submitted that this is the bail cancellation application filed by the applicant, who is the informant of the case, on the ground that without perusing the entire records of the case, on wrong assertion the court concerned granted bail to O.P. No. 2. He further submitted that there is no evidence on record, which can show that applicant supplied the agreed steel items of more than Rs. 18,50,000/- to the informant and, therefore, allegations levelled against O.P. No. 2 are quite serious but in spite of that the court concerned enlarged him on bail, therefore, considering the nature of allegation and loss suffered by the applicant, the bail granted to O.P. No. 2 be cancelled.

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Learned AGA also submitted that from the record, it reflects that even after receiving money, O.P. No.2 did not provide the agreed steel items to the informant of more than Rs. 18,50,000/- but could not dispute the fact that with a detailed order, O.P. No. 2 was

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granted bail by the court concerned and prima facie , it appears to be a case of business transaction. He further could not dispute the fact that O.P. No.2 is not having any criminal history.

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

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This is the bail cancellation application filed by the applicant, who is the informant of the case , and as per the informant/ applicant, after ignoring the seriousness of allegations, O.P. No. 2 was enlarged on bail by the court concerned and in the present case, there is evidence that in spite of receiving money, O.P. No. 2 failed to provide steel items to the informant of more than Rs. 18,50,000/- but from the record, it reflects that after considering entire facts of the case, the court concerned enlarged O.P. No. 2 on bail with a detailed and reasoned order including the fact that present dispute appears to be a dispute of business transaction.

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Further, all the alleged offences are triable by Magistrate-I Class with maximum punishment of seven years and O.P. No. 2 is not having any criminal history.

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Law is settled that it is easy to reject a bail application but it is very difficult to cancel a bail already granted to the accused and for cancellation of bail, very cogent and over-whelming reasons must be present on record but in view of this Court, such cogent and over-whelming reasons are completely missing in the present matter, on the basis of which bail granted to O.P. No. 2 may be cancelled.

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Therefore, in my view, the instant bail cancellation application is devoid of merits and is accordingly, dismissed .

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Order Date :- 1.8.2024 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ashish Jain v. State of U.P. and Another

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Ashish Jain v. State of U.P. and Another

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