IMPORTANT POINT
The judgment emphasizes the gravity of white-collar crimes and the need for severe punishment for culprits involved in cheating and criminal breach of trust.

JUDGMENT :

1. Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record. Office is directed to register the same.

2. Heard Mr. Vijai Prakash Yadav, learned counsel for the applicant, Mr. Arunesh Kumar Singh, learned counsel for the informant and Mr. D.P. Singh, learned AGA for the State.

3. The instant bail application has been filed on behalf of the applicant, Himanshu Kanaujiya with a prayer to release him on bail in Case Crime No. 369 of 2023, under Sections 406, 420, 467, 468, 471 I.P.C., Police Station-Kotwali, District-Jaunpur, during pendency of trial.

4. As per the allegation in the FIR, the applicant, promising to provide job to the informant, has taken Rs.1,60,000/- in his account and about Rs.4,00,000/- in cash and has given an appointment letter, which was found to be forged.

5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to mala fide intentions. He further submits that Rs.1,60,000/-, which has received in his account, is the money which the informant had taken from the applicant's mother and returned the same. He further submits that in order to save himself from returning the money, which he had taken from the applicant's mother, the informant placing forged documents has falsely implicated the applicant in the present case. He had never promised for providing any job nor has given any forged appointment letter to the informant. He further submits that the criminal history of the applicant has been explained in para 4&5 of the supplementary affidavit. He is languishing in jail since 01.12.2023. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

6. Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant has been cheated by taking amount of Rs.1,60,000/- in his account and Rs.4,00,000/- has been paid in cash and a forged appointment letter has been given. The forged appointment letter, which has been given by the applicant to the informant, is the part of case dairy and the Investigating Officer has found that the fraud and cheating has been done by the applicant. He further submits that apart from the cases explained by learned counsel for the applicant in para 4&5 of the supplementary affidavit, there is one more case, i.e. case crime no.72 of 2024, which is similar in nature. Therefore, there is sufficient evidence available on record against the applicant, hence the applicant is not entitled for bail at this stage.

7. I have heard learned counsel for the parties and gone through the record.

8. Perusal of the records goes to show that the applicant on the assurance of providing job, has been cheated by taking amount from the informant and a forged appointment letter has been given to him. The forged appointment letter, which has been given by the applicant to the informant, is the part of case dairy and the Investigating Officer has found that the fraud and cheating has been done by the applicant, therefore, it would be appropriate to refer to the relevant statutory provisions in this regard:-

"406. Punishment for criminal breach of trust.—

Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

415. Cheating.—

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation o