In Criminal Misc. Bail Application No. 2027 of 2021, the Allahabad High Court granted bail to the applicant in a cheating and forgery case, directing surrender with personal bond and local sureties.
Bail granted on personal bond and two local sureties subject to specific conditions regarding presence in court and non-tampering with evidence.
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. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2027 of 2021
Applicant :- Rajesh Mishra @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra,Devi Prasad Mishra
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.30 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Mugal Sarai, District Chandauli.
It is submitted by learned counsel for the applicant that coaccused Kundan Seth alias Sandeep Singh has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.18643 of 2020, vide order dated 1.9.2020. Applicant's case is at par with co-accused released on bail. He further submits that the applicant has a criminal history of five cases, which has clearly been explained in para 5 of the bail application. The applicant is languishing in jail since 4.3.2020.
Per contra, learned A.G.A. has opposed the bail, but does not dispute the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Rajesh Mishra @ Sonu 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 8.2.2021
m.a.
2 issues framed by the court
Whether the applicant deserves bail in the undertrial case.
Whether bail is grantable to the applicant subject to conditions.
9 provisions across 2 enactments
Rajesh Mishra @ Sonu
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
