This order grants bail to the applicant, Dharmendra Kumar, in a criminal case involving cheating and forgery, subject to specific conditions including furnishing bonds and sureties.
Released on bail by furnishing a personal bond and two local sureties of like amount, subject to specific conditions.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16181 of 2020
Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.06 of 2020, under Sections 419, 420, 467, 468, 471, 411 I.P.C. & 66 of I.T. Act, Police Station Shahganj, District Prayagraj.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. It is contended that according to the prosecution version applicant along with three others were apprehended on the spot withdrawing different persons' money through different ATM cards while no ATM card has been recovered from the possession of the applicant. It is contended that on different dates by cloning the ATM of different persons applicant and co-accused withdrawn the money but there is no evidence except the statement of co-accused. According to prosecution from the possession of the applicant a laptop with charger and Rs.14,500/- was recovered on 15.1.2020. 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 15.1.2020.
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. He submits that 05 ATM cards were recovered from the joint possession of the applicant and three other co-accused, 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 the merit of the case, the applicant is entitled for bail, let the applicant-Dharmendra Kumar involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 :- 23.6.2020
m.a.
1 issue framed by the court
Whether the applicant is entitled to be released on bail pending trial in a cheating and fraud case.
3 provisions across 2 enactments
Dharmendra Kumar
State of U.P.
Ali Zamin
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
