Court allowed bail application filed by Rajesh Kumar under Section 439 Cr.P.C. Conditions for bail were framed. Order based on inordinate delay in FIR and parity with co-accused.
The applicant was released on bail by furnishing a personal bond and two sureties.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14450 of 2021
Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manish Joshi,Jitendra Pal Singh,Pradeep Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rajesh Kumar seeking enlargement on bail during trial in connection with Case Crime No. 340 of 2020, under Sections 420, 406, 409, 467, 468, 471 I.P.C. registered at P.S.- Bilsanda, DistrictPilibhit
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. There is inordinate delay of about 6 years in lodging of the FIR without giving any plausible explanation. The allegations made in the FIR are totally false and baseless. Further submitted that no payment has been received by the applicant either by way of cash or through cheque and the alleged payment have been paid into the account of company and applicant has no concern with it. No offences under sections 420, 406, 409, 467, 468, 471 I.P.C. are made out. Further submitted that the FIR has been lodged through application under Section 156 (3) Cr.P.C. Further submitted that co-accused Buddhsen has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 10707 of 2021, vide order dated 30.07.2021 and case of the applicant stands at par with the case of coaccused Buddhsen and claimed parity. Further submitted that applicant has no criminal antecedents. The applicant is languishing in jail since 17.12.2020.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the
parties, keeping in view the facts and circumstances of the case, particularly the fact that there is inordinate delay of six years in lodging the FIR and co-accused Buddhsen has been granted bail by co-ordinate Bench of this Court, without commenting upon merits of the case, a case for bail is made out on the ground of parity.
Accordingly, the bail application is allowed .
Let the applicant Rajesh Kumar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 1.12.2021 v.k.updh.
2 issues framed by the court
Whether bail should be granted to the applicant in view of inordinate delay in lodging the FIR and parity with co-accused.
Whether the allegation of cheating and forgery is made out given the facts of the case.
Rajesh Kumar
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anil Kumar Ojha
Parties & counsel
