Chandrashekhar Natthuji Bhujade vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Chandrashekhar Natthuji Bhujade vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions imposed in the interest of justice; identity and residence proof of the applicant and sureties to be verified by the court concerned before bonds are accepted.

Issue for consideration

Whether the applicant, Chandrashekhar Natthuji Bhujade, in custody since 21.7.2024, should be released on bail in Case Crime No. 0052 of 2024 (Sections 420, 467, 120B IPC and Section 66(D) of the I.T. Act), P.S. Cyber Crime Kanpur, District Kanpur Nagar, during pendency of trial.

Court's answer

Bail application allowed: the applicant is 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, subject to conditions imposed in the interest of justice (no tampering with evidence or threatening witnesses; undertaking not to seek adjournments when witnesses are present; presence before the Trial Court on dates fixed, including opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; defaults treatable as abuse of liberty of bail; breach a ground for cancellation of bail).

Ratio / Principle

Bail granted on the ground of parity: the applicant's case stands on identical footing to co-accused Manish Kumar Mandal, who was granted bail by this Court on 18.3.2025 in Criminal Misc. Bail Application No.45564 of 2024; learned AGA opposed the prayer but did not dispute the claim of parity.

Detailed headnote1 paragraphs

Bail granted on parity — Allahabad High Court (Siddharth, J.), order dated 5.4.2025 in Criminal Misc. Bail Application No. 11084 of 2025, allowed the bail application of Chandrashekhar Natthuji Bhujade, in custody since 21.7.2024, in Case Crime No. 0052 of 2024, P.S. Cyber Crime Kanpur, District Kanpur Nagar, under Sections 420, 467, 120B IPC and Section 66(D) of the I.T. Act, during pendency of trial. Parity rested on co-accused Manish Kumar Mandal having been granted bail by the same Court on 18.3.2025 in Criminal Misc. Bail Application No. 45564 of 2024, the applicant's case standing on identical footing; learned AGA opposed but did not dispute parity. Release ordered on personal bond and two sureties each in the like amount, with conditions: no tampering with evidence or threatening witnesses; undertaking not to seek adjournments when witnesses are present; personal presence on dates fixed including opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; absence without sufficient cause actionable under Section 229-A IPC, misuse of bail attracting proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC; breach of conditions a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

Neutral Citation No. - 2025:AHC:49012

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11084 of 2025

Applicant :- Chandrashekhar Natthuji Bhujade Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kashinath Dubey Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

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

The instant bail application has been filed on behalf of the applicant, Chandrashekhar Natthuji Bhujade, with a prayer to release him on bail in Case Crime No. 0052 of 2024, under Sections- 420, 467, 120B IPC and Section 66(D) of I.T. Act, P.S.- Cyber Crime Kanpur, District- Kanpur Nagar during pendency of trial.

Learned counsel for the applicant has contended that the co-accused, Manish Kumar Mandal, has been granted bail by this Court on 18.3.2025 in Criminal Misc. Bail Application No.45564 of 2024. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant is languishing in jail since 21.7.2024.

Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) 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. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuse the liberty of bail during trial and in

order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

(v) 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. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 5.4.2025 Ruchi Agrahari

Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad