Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19412 of 2021 Applicant :- Manish Singh @ Rishi Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Avanish Kumar Srivastava,Manoj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Manish Singh @ Rishi Kumar, in Case Crime No. 545 of 2018, under Sections- 406, 420, 467, 468, 471, 34, 419 I.P.C., P.S. Noida Section 58, District- Gautam Budh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 24.8.2019; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; money was said to be paid to Utkarsh Singh and Sanjeev not to applicant; applicant is of no concern with alleged payment; since last two years, even charge could not be framed. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with this contention that applicant is said to be the Managing Director of Global Career Pvt. Ltd., wherein, Utkarsh Singh was C.E.O and other accused persons were employees. Money was received by company with an assurance for admission in M.B.B.S. course. Six lacs through bank transaction from informant and 5,50,000/-, through demand draft from Karsh Vardhan along with 3,10,000/-, cash from Reena Singh, likewise many others were duped by Utkarsh Singh and Sanjeev, wherein, lacs of rupees were taken but subsequently, it was held to be a forged and fictitious company, having committed fraud by aspirants of medical students and in case of release on bail, there is every possibility of fleeing from the course of justice or tampering with evidence. Hence, bail be rejected.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all those facts and circumstances, heinousness of offence of fraud, the situation of such type of fraud being committed by these while collar men, particularly, with medical aspirants and there is every likelihood of tampering with evidence or fleeing from the course of justice, in case of release on bail but without commenting on the merit of case, no ground for bail is there.
Accordingly, rejected.
Order Date :- 26.10.2021 Kamarjahan