The High Court of Allahabad granted bail to Aaram Singh in a criminal embezzlement case, allowing him to furnish a personal bond and sureties, while directing the trial court to expedite proceedings within six months.
Released on bail subject to personal bond and two heavy sureties of Rs. One Lakh each.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15816 of 2021
Applicant :- Aaram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ravindra Sharma, learned counsel for the applicant, Sri Sanjay Singh, learned AGA- I, for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to misconception. The First Information Report is highly belated lodged after one and a half year of the incident, when applicant has been retired. The charge of embezzlement has been levelled against the applicant. No such embezzlement has been committed by the applicant. The applicant throughout his service tenure served and worked with honesty, sincerity and devotion without any complaint against him from any corner. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 29.11.2020, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment , and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Aaram Singh, be released on bail in Case Crime No. 330 of 2018, under Sections - 409 IPC, Police Station- Islamnagar, DistrictBudaun, on furnishing a personal bond and two heavy sureties or Rs. One Lakh each (one should be of a family member) before the court concerned subject to following conditions:-
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The trial court concerned is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six month from the date of this order, if there is no legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 15.6.2021
ssm
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving embezzlement charges under Section 409 IPC.
Whether the belated FIR and lack of previous criminal history warrant release on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Aaram Singh
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
