The Allahabad High Court has cancelled bail obtained on the basis of filing a false affidavit and directed the accused, one Purushottam Lal Vishwakarma, to surrender in court within two weeks.
A Single Bench of Justice Pankaj Bhatia passed this order while hearing a Criminal Misc Bail Application filed by Pradeep Kushwaha.
The application seeks cancellation of the bail granted to respondent no 2/accused by order dated 09.11.2023 passed in Criminal Misc Bail Application in connection with FIR under Section 406, 420, 467, 468, 471, 504 & 506 of IPC, P.S Tharwai, District Prayagraj.
Counsel for the applicant argued that the bail was granted on the basis of a supplementary affidavit demonstrating that money was transferred from the accused account to the complainant’s account.
The Court noted that,
The said affidavit admittedly did not pertain to the amount taken from the informant.
In view thereof, clearly the bail was wrongly granted by the Court on wrong facts and averments.
Thus, the Court cancelled the bail granted to respondent no 2 namely Purushottam Lal Vishwakarma by order dated 09.11.2023.
Respondent No 2 shall surrender before the trial Court concerned within two weeks failing which he shall be arrested and tried accordingly, the Court ordered.
The application for bail cancellation is allowed in above terms by the High Court.