Goverdhan Nishad vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Goverdhan Nishad vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to applicant Goverdhan Nishad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or intimidation/pressurization of witnesses; sincere cooperation in trial without adjournments; no criminal activity after release); sureties to be verified before issuance of the release order.

Issue for consideration

Whether the applicant Goverdhan Nishad should be released on bail in Case Crime No. 629 of 2024 (Sections 420, 467, 468, 471, 504, 506, 120-B IPC, Police Station Chiluwatal, District Gorakhpur) during pendency of the trial.

Court's answer

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, the nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail.

Ratio / Principle

The applicant Goverdhan Nishad 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; the sureties are to be verified before the release order is issued.

Key takeaways

Bail conditions imposed: the applicant shall not tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; shall cooperate in the trial sincerely without seeking any adjournment; shall not indulge in any criminal activity or commission of any crime after release; and breach of any of these conditions shall be a ground for cancellation of bail.ratio¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Deepak Verma, J.), by order dated 17.3.2025 in Criminal Misc. Bail Application No. 4167 of 2025 (Neutral Citation 2025:AHC:37585), allowed bail to applicant Goverdhan Nishad in Case Crime No. 629 of 2024, Police Station Chiluwatal, District Gorakhpur, registered under Sections 420, 467, 468, 471, 504, 506 and 120-B IPC. The prosecution story was that named accused persons had sold the alleged property a second time to the informant and that Rs.60,000/- had been transferred into the applicant's account. Counsel for the applicant contended false implication due to ulterior motive, that the applicant had not executed the alleged sale-deed and had no concern with the incident, and that his criminal history was explained; the applicant was languishing in jail since 21.12.2024. Learned A.G.A. opposed the bail prayer. Without expressing any opinion on the merits, and considering the nature of offence, evidence and complicity of the accused, the Court held that the applicant had made out a case for bail and directed his release on a personal bond with two sureties each in the like amount, subject to conditions of no tampering with evidence or intimidation of witnesses, sincere cooperation in the trial without adjournments, and abstention from criminal activity, breach of any condition being a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:37585

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4167 of 2025

Applicant :- Goverdhan Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Sonu Kumar Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 629 of 2024, registered under Sections 420, 467, 468, 471, 504, 506, 120-B I.P.C., Police Station- Chiluwatal, District-Gorakhpur, during pendency of the trial.

Prosecution story is that named accused persons, second time sold the alleged property to informant. Allegation against the applicant is that Rs.60,000/- has been transferred in the account of the applicant. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant has not executed the alleged sale-deed and having no concern with the alleged incident. Criminal history of the applicant has been explained in the bail application. Applicant is languishing in jail since 21.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Goverdhan Nishad , who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

Order Date :- 17.3.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad