Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43314 of 2018 Applicant :- Ashab Ahmed Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No. 56 of 2018, under Sections - 419, 420, 406, 506 I.P.C., Police Station - Shyam Deurawan, District - Mahrajganj.
Accusation is that the applicant swindled Rs. 1,80,000/- and duped the informant on account of availing him job in Saudi Arabia by arranging forged and false VISA/papers etc and the informant has incurred a loss of Rs.1,80,000/-, which on demand not being returned by the accused- applicant.
Contention is that no offence whatsoever has been committed. Applicant has no previous criminal history. Offence alleged is triable by the Magistrate Ist Class. There is no proof as to how forged papers like VISA can be prepared by the applicant and in case, it was forged, how can the son of the informant travel over to Saudi Arabia.
The applicant promises to return the money in question and in case he is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Per contra, learned A.G.A. has submitted that in this case, there is no false motive for implication of the applicant and the informant has incurred a loss of Rs.1,80,000/-. Not only on the promise of the applicant but also his son has been put to great risk on account of forged papers, whereby, the forged VISA was availed for which the informant would have been answerable to the authorities concerned.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
The observation made in this bail order shall not prejudice the trial court while deciding the trial on merit.
Order Date :- 28.11.2018 S Rawat