High Court Court No. 6 allowed a bail application filed by Vijay Verma in a cheating and forgery case, dismissing earlier rejection by the Sessions Judge and imposing standard bail conditions.
The applicant is released on bail on a personal bond and two sureties, subject to personal appearance requirements and penalties for misuse.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17407 of 2021 Applicant :- Vijay Verma Opposite Party :- State of U.P. Counsel for Applicant :- Munesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Munesh Kumar Sharma, learned counsel for the applicant and learned AGA for the State through video conferencing mode.
A first information report was lodged against the applicant as Case Crime No. 30 of 2020 at Police Station-Jalaun, District-Jalaun on 21.01.2020 under Sections 420, 467, 468 and 406 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Jalaun, on 04.03.2021.
The applicant is in jail since 19.02.2021 pursuant to the said F.I.R.
Sri Munesh Kumar Sharma, learned counsel for the applicant contends that the applicant is not named in the F.I.R. The applicant been has implicated on the basis of a statement made by the co-accused before the police authorities. The applicant is not the beneficiary of the transaction, inasmuch as, no amount was paid to the applicant. The applicant has satisfactorily explained his criminal history. Lastly it is submitted by Sri Munesh Kumar Sharma, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper
with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of Sri Munesh Kumar Sharma, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Vijay Verma be released on bail in Case Crime No. 30 of 2020 at Police Station-Jalaun, DistrictJalaun, registered on 21.01.2020 under Sections 420, 467, 468 and 406 I.P.C., on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may
proceed against him in accordance with law.
(ii) 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.
(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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 :- 9.6.2021 Dhananjai
2 issues framed by the court
Whether bail should be granted to the applicant implicating basis of co-accused statement.
Whether the prevailing pandemic situation of jail overcrowding warrants bail relief.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020Referred¶10
3 provisions across 2 enactments
Vijay Verma
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
