Allahabad High Court
Raees vs State Of U.P. on 6 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54926 of 2022 Applicant :- Raees Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Awadhesh Kumar Mishra, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.1199 of 2020, under Sections 420, 406, 506 IPC, Police Station Katghar, District Moradabad during pendency of the trial in the court below.
According to the FIR, applicant duped informant and in spite of taking Rs. 4,30,000/- from informant, he neither provided him house as promised nor returned his money.
Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant neither promised the informant that he will provide him house nor he ever received any money. He next submitted that mode of transaction has not been mentioned and it is alleged that Rs. 4,30,000/- in cash has been given to the applicant, which apparently appears to be false. He further submitted that as per FIR on 04.09.2020 an agreement was executed between applicant and informant with regard to alleged amount of Rs. 4,30,000/- but in spite of agreement, applicant failed to pay the amount, therefore, it appears that as per allegation applicant only failed to keep his promise and from this angle too no criminal liability against the applicant is fastened.
He next submitted that earlier also applicant has been implicated in two other criminal cases, which relates to Sections 489C IPC and 490, 420 IPC but in both the cases, applicant has already been released on bail and applicant in the present matter is in jail since 01.10.2022.
Per contra, learned AGA opposed the prayer but could not dispute the fact as per allegation Rs. 4,30,000/- in cash was given by the informant to the applicant and further an agreement was also executed between the parties and as per allegation applicant did not fulfill his promise and he in the present matter is in jail since 01.10.2022.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of record, it appears that there is allegation against the applicant that he received Rs. 4,30,000/- from informant and did not provide him any house as promised and did not even return back his money and as per allegation informant given the money in cash and further in the FIR it is mentioned that an agreement was also executed in this regard between applicant and informant, therefore, at best it can be said that applicant failed to keep his promise and it is the case of breach of agreement, therefore, considering this fact and the fact that applicant is in jail since 01.10.2022 and in earlier two cases he has been released on bail, in view of this Court, it is a fit case to release the applicant on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant - Raees 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:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(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.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
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.
Order Date :- 6.1.2023 AK Pandey