Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43366

of 2021

Applicant :- Mohd. Tahir Siddiqi

Opposite Party :- State of U.P.

Counsel for Applicant :- Javed Husain Khan,Imran Khan

Counsel for Opposite Party :- G.A.,Kranti Kiran Pandey

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned Counsel for the applicant as well as learned

A.G.A. and perused the record.

The accused- applicant is involved in Case Crime No. 0787 of

2021, under Section 471, 323, 504, 506, 406, 420, 467, 468

I.P.C. Police Station Karvi Kotwali Nagar, District- Chitrakoot.

It is argued by the learned counsel for the applicant that sections

406 and 420 I.P.C. cannot be invoked against the applicant at

the same time and in support of his version he has invited the

attention of the court to the judgment of Wolfgang Reim and

others Vs. State and another, 2012 0 Supreme (Del) 2726,

wherein in paragraph-34 of the judgment, the finding has been

given by the Single Bench that a person cannot be charged with

the offence of cheating and criminal breach of trust

simultaneously for the same transaction because for the offence

of cheating- it is a prerequisite that dishonest intention must

exist at t