High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application has been filed seeking bail in F.I.R./Case Crime No.328 of 2024, under Section 409, 420 IPC, Police Station Kotwali Nagar, District Raebareli. The Co-ordinate Bench of this Court vide order dated 29.5.2025 has passed the following order:- " Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State while power on behalf of informant has been filed by Mr. Alok Kumar Mishra Advocate which is taken on record. This first bail application has been filed with regard to Case Crime No. 328 of 2024 under Section 409, 420 IPC, Police Station Kotwali Nagar, District Raebareli. As per contents of FIR, the informant is said to have deposited a substantial amount of money in the company in which applicant is Director but did not receive any payment or interest in lieu thereof. It also indicates that the applicant had given promise on 29th December, 2020 that the amount would be returned within a period of 90 days but the same was not adhered to. It has been submitted by learned counsel for applicant that he has been falsely implicated in allegations levelled against him which would be evident from the fact that F.I.R. is highly belated by four years for which no explanation has been given. It is submitted that there is substantial difference between cheating and breach of promise with present case falling in the later category. Learned A.G.A. as well as learned counsel for informant have opposed bail application with submission that aspect of cheating is clearly made out from the allegations levelled against the applicant which clearly indicate deposits being made by informant without any return and therefore deceitful entrustment is made out. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that aspect of cheating viz a viz breach of promise is required to be considered alongwith aspect of F.I.R. having been lodged four years after the alleged date of occurrence. Learned counsel for informant as well as learned A.G.A. have placed reliance on a judgment rendered by Hon'ble Supreme Court in the case of Tapas Kumar Palit versus State of Chhattisgarh, 2025 SCC Online SC 322 to substantiate his claim. In view of submissions made herein above, without expressing any opinion on the merits of case prima facie, this Court finds, the applicant is entitled to be released on interim bail in this case. Let applicant Shiv Bahadur Maurya involved in the aforesaid case crime be released on interim bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. List this case on 3rd July, 2025 showing name of Mr. Alok Kumar Mishra as learned counsel for opposite party. Objections may be filed in the meantime. " Learned counsel for the applicant submits that the charge-sheet in the case has been filed. It is further submitted that the applicant is on interim bail. He has not misused the liberty of interim bail granted by a coordinate bench of this Court. He undertakes to cooperate in the trial and in case, he is enlarged on bail, he shall not misuse the liberty of same. Learned A.G.A. does not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has not misused the liberty of interim bail; the offences are triable by a Magistrate and without expressing any opinion on the merits of the case coupled with the undertaking given by the applicant that he shall cooperate in the trial, the interim bail granted by a coordinate bench of this Court vide order dated 29.5.2025 is made absolute. In view of the aforesaid, the bail application stands allowed. Order Date :- 30.7.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application has been filed seeking bail in F.I.R./Case Crime No.328 of 2024, under Section 409, 420 IPC, Police Station Kotwali Nagar, District Raebareli. The Co-ordinate Bench of this Court vide order dated 29.5.2025 has passed the following order:- " Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State while power on behalf of informant has been filed by Mr. Alok Kumar Mishra Advocate which is taken on record. This first bail application has been filed with regard to Case Crime No. 328 of 2024 under Section 409, 420 IPC, Police Station Kotwali Nagar, District Raebareli. As per contents of FIR, the informant is said to have deposited a substantial amount of money in the company in which applicant is Director but did not receive any payment or interest in lieu thereof. It also indicates that the applicant had given promise on 29th December, 2020 that the amount would be returned within a period of 90 days but the same was not adhered to. It has been submitted by learned counsel for applicant that he has been falsely implicated in allegations levelled against him which would be evident from the fact that F.I.R. is highly belated by four years for which no explanation has been given. It is submitted that there is substantial difference between cheating and breach of promise with present case falling in the later category. Learned A.G.A. as well as learned counsel for informant have opposed bail application with submission that aspect of cheating is clearly made out from the allegations levelled against the applicant which clearly indicate deposits being made by informant without any return and therefore deceitful entrustment is made out. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that aspect of cheating viz a viz breach of promise is required to be considered alongwith aspect of F.I.R. having been lodged four years after the alleged date of occurrence. Learned counsel for informant as well as learned A.G.A. have placed reliance on a judgment rendered by Hon'ble Supreme Court in the case of Tapas Kumar Palit versus State of Chhattisgarh, 2025 SCC Online SC 322 to substantiate his claim. In view of submissions made herein above, without expressing any opinion on the merits of case prima facie, this Court finds, the applicant is entitled to be released on interim bail in this case. Let applicant Shiv Bahadur Maurya involved in the aforesaid case crime be released on interim bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. List this case on 3rd July, 2025 showing name of Mr. Alok Kumar Mishra as learned counsel for opposite party. Objections may be filed in the meantime. " Learned counsel for the applicant submits that the charge-sheet in the case has been filed. It is further submitted that the applicant is on interim bail. He has not misused the liberty of interim bail granted by a coordinate bench of this Court. He undertakes to cooperate in the trial and in case, he is enlarged on bail, he shall not misuse the liberty of same. Learned A.G.A. does not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has not misused the liberty of interim bail; the offences are triable by a Magistrate and without expressing any opinion on the merits of the case coupled with the undertaking given by the applicant that he shall cooperate in the trial, the interim bail granted by a coordinate bench of this Court vide order dated 29.5.2025 is made absolute. In view of the aforesaid, the bail application stands allowed. Order Date :- 30.7.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench