In a bail application under Cr.M.C. No. 976 of 2019, the Single Judge allowed the bail prayer of Awadhesh Shukla accused under Sections 419, 420, 406 IPC for Crime No. 335 of 2017, directing release on personal bond and sureties with standard conditions.
Release of Applicant on bail on furnishing a personal bond and two local sureties of like amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 976 of 2019
Applicant :- Awadhesh Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Tiwary Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.335 of 2017, under Sections 419, 420, 406 I.P.C., Police Station Bhadohi, District Bhadohi.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. It is also contended by learned counsel for the applicant that the applicant has no concern with the alleged offence as mentioned in the FIR. It is also contended that the applicant has absolutely no concern with the affairs of the company in question. It is next contended that the applicant was never a director of the company (P.C.P.). It is next contended that the applicant has no criminal history. It is also contended that the prosecution story is not highly probable but absurd also. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 2.11.2018.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Awadhesh Shukla involved in aforesaid case crime be released on bail on his furnishing a personal bond and two
local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(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.
Order Date :- 24.4.2019
m.a.
2 issues framed by the court
Whether the applicant is entitled to bail in the offence of cheating and dishonest inducement.
Whether the applicant's lack of concern with the company and criminal history entitles him to bail.
4 provisions across 2 enactments
Awadhesh Shukla
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
