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MOHD. FAIZ ALAM KHAN
Manish Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Mohd. Faiz Alam Khan, J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State, Shri. Krishna Kumar Tiwari holding brief of Shri. Rupesh Gupta, learned counsel for the informant/complainant and perused the record.
2. This bail application has been moved on behalf of the accused-applicant/Manish Singh for grant of bail, in Case Crime No.0195/2022, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Deva, District Barabanki during pendency of trial.
3. Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
4. It is further submitted that the allegations, which have been levelled against the applicant, are to the tune that he knowingly has uploaded the receipts with regard to payment of Rs. 27 lakh and Rs. 8 lakhs in the system, which were forged and in fact no such payment has been made.
5. It is vehemently submitted that allegations as levelled in the F.I.R. was investigated by the investigating officer and during the course of investigation certain discrepancies and irregular
The court granted bail based on the lack of evidence against the applicant and the absence of prior criminal history, emphasizing the need for fair trial conditions.
Bail is a rule and refusal is an exception, and it should not be withheld as a punishment. The decision to grant bail is based on the nature of the offence, evidence on record, and the absence of a c....
Larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 have been taken into account to make a c....
The court may consider a compromise between the parties, the payment of the due amount, the period of custody already undergone, and the explanation of the applicant's criminal history as grounds for....
Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evide....
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.
Criminal proceedings are not meant for recovery of disputed dues; the presumption of innocence underlies the decision to grant bail when no risk of flight or witness tampering is established.
Point of Law : Grant of Bail - Petitioners are permanent residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice.
Bail granted - Where judicial discretion to admit the petitioner on bail, in the event of his arrest, in this case, is required to be exercised in his favour.
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