Sunday, December 10, 2023

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

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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.

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