Allahabad High Court grants bail to man in cheating case over delay in framing of charges

Allahabad High Court

The Allahabad High Court has granted Bail to Madan Gopal@ Madan Gopal Gaur, who is accused of cheating, on the ground of delay in framing charges.

A Single Bench of Justice Vikram D Chauhan passed this order while hearing a Criminal Misc Bail Application filed by Madan Gopal@ Madan Gopal Gaur.

This is the second bail application filed by the applicant. The first bail application was rejected by the Court by order dated 2.1.2023.

A perusal of the order sheet would go to show that since 13.9.2022 the applicant is regularly appearing before the trial court. However, till date charge has not been framed and general dates are being fixed.

Counsel for the applicant has relied upon the judgment passed by Apex Court in R.D Upadhyay Vs State of A.P and others, 1996 (3) SCC 422. As per the counsel for the applicant the applicant is aged about 59 years.

It is submitted by the counsel for the applicant that the trial is not proceedings in the matter and the applicant is entitled to be enlarged on bail in view of the judgment passed by the Apex Court in R.D Upadhyay (supra).

A.G.A does not dispute the factual matrix of the case as well as the judgment of the Apex Court in the case of R.D Upadhyay (supra).

It is to be seen that the applicant is in jail for more than one year. The first bail application of the applicant was rejected on 2.1.2023. The applicant has no criminal history and is languishing in jail since 14.9.2022.

“A perusal of the ordersheet of the trial court demonstrates that the applicant is regularly appearing before the trial court. However, till date no charge has been framed and general dates regarding the presence of the applicant is being given. It is the duty of the prosecution to prosecute the accused person at the earliest. The delay defeats justice.

The Apex Court in the case of R.D Upadhyay (supra) has directed release on bail of the accused person who are charged with cheating after detention of more than one year.

Considering the facts and circumstances of the case, the judgment passed by the Apex Court in the case of R.D Upadhyay (supra), nature of offence, evidence, complicity of the accused, submissions of the counsel for the parties 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 Court observed while allowing the bail application.

The Court ordered that,

Let the applicant Madan Goptal @ Madan Gopal Gaur involved in Case under Sections 409, 420, 467, 468, 471, 120-B I.P.C, Police Station Colonelganj, District Allahabad 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 the following conditions:-

i. The applicant will not tamper with the evidence during the trial.

ii. The applicant will not pressurize/intimidate the prosecution witness.

iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

vi. The applicant shall not leave India without the previous permission of the Court.

vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about the new residential address in writing.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

The trial court is directed to proceed with the trial without granting unnecessary adjournments to any of the parties.

The post Allahabad High Court grants bail to man in cheating case over delay in framing of charges appeared first on India Legal.



from India Legal https://ift.tt/XolPFzT

Popular posts from this blog

What Is Solana: A Description, Use Cases, Prospects

Most traders focus on well-known cryptos only, like BTC or Ether. However, today, there are many other blockchain networks that are worth considering. And some of them, for example, Solana, even have ambitions to force current leaders out. Thus, we offer you to get acquainted with this coin without a delay. Solana (SOL) is one of the blockchain platforms created for performing transactions at a high speed and at a cheap price similar to other networks of this kind. Likewise, it can be utilized for trading, paying for diversified goods and services, performing smart contracts, creating NFTs, accessing decentralized financial opportunities, for example, loans, etc. Yet, when one asks the question “ What is Solana? ”, one usually wants to find out if it is worth buying, in the first place. Thus, we must note right away that this network outcompetes other popular platforms both in terms of speed and in terms of costs. To be more precise, it can process 13 deals per second, while Bitcoin ...
Read more

FX Options Trading: Best Online Brokers

Never used options on Forex? Looks like you missed lots of profitable deals. Be sure to learn more about this method and decide whether it suits you. Start by reading our short review for beginners. In the end, we will give you a list of companies that offer the best terms for such trades. Let us start with a short theory about this trading method. In practice, an option is a contract that allows a trader to buy or sell a certain currency at a chosen price and on a chosen date.  FX options trading  is based on forecasts. For example, if a potential buyer believes that the price of a certain currency will grow in the future, he can reserve the right to buy it at a lower price. For this opportunity, one must pay a commission (or a premium). Another crucial point is that executing such deals is optional. When the date agreed comes, one can decide whether it is worth buying or selling the currency chosen. Also Read: Interactive Brokers Fees: An Overview for Potential Users And...
Read more

Crypto Trading Bot: Should You Try It and Which One to Choose

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the mark...
Read more