Allowed

Ashutosh Pandey v. State of U.P.

Allahabad HC23 Jun 2020BAIL/10607/2020

Case brief

AI extract

What is this about?

This bail application was dismissed after the court allowed the applicant to be released on bail in a criminal case for cheating, forgery, and abetting forgery. The court imposed standard conditions including an undertaking not to tamper with evidence.

What did the court decide?

Released on bail with a personal bond and two local sureties, subject to conditions regarding attendance and conduct during trial.

Ashutosh Pandey Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10607 of 2020

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Applicant :- Ashutosh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.,Pankaj Bharti

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0279 of 2017, under Sections 420, 466, 467, 468, 471, 211, 120B I.P.C., Police Station Kairana, District Shamali.

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Learned counsel for the applicant submits that according to the prosecution version Case Crime No.205 of 2007 was lodged against accused Pradeep Pandey and five others alleging that applicant with the collusion of Sri Sanjay Vashishtha (The Clerk) has manipulated some court records by misplacing original order-sheet and NBW were issued against the Raj Kumar, Shyam Kumar and Dinesh Gupta. It is further alleged that an employee was also involved in this case. He submits that if the prosecution case is admitted, as per Section 195 Cr.P.C. a complaint case will be lodged by the concerned Court because no private person is entitled for initiation of proceedings. In the instant case after lodging of the F.I.R. final report was submitted and on protest further investigation was conducted and charge-sheet was filed against the applicant. 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. The applicant is languishing in jail since 03.10.2019.

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Per contra, learned A.G.A. as well as learned counsel for the informant while opposing the bail prayer have submitted an application explaining the criminal history of 21 cases against the applicant.

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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

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applicant- Ashutosh Pandey 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 :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(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.

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(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.

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(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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.6.2020 Israr

Ashutosh Pandey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashutosh Pandey v. State of U.P.

Case brief

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