Allowed

Shri Nath Tiwari v. State of U.P.

Allahabad HC27 Sept 2021BAIL/23685/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Shri Nath Tiwari for enlargement on bail in a case involving cheating and criminal breach of trust. The court found it a fit case for bail subject to specific conditions regarding attendance, cooperation, and trial duration.

What did the court decide?

Released on bail on furnishing personal bond and two sureties subject to conditions regarding attendance and cooperation.

Shri Nath Tiwari Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23685 of 2021

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Applicant :- Shri Nath Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.,Bhavya Sahai

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, Mr. Bhavya Sahai, learned counsel for the informant, learned AGA for the State and perused the material available on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 031 of 2020, under Sections 420, 406, 467, 504, 506 IPC Police Station Medical College, District Meerut.

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As per version of F.I.R. the amount of Rs. 11,33,551/- was not returned by the applicant in favour of the first informant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted by learned counsel for the applicant that out of Rs. 11,33,551/- ,applicant has transferred the amount of Rs. 3,00,000/- by cheque of I.C.I.C. bank and rest amount has been returned by cash to the informant. It is further submitted by learned counsel for the applicant that informant has also moved a complaint under Section 138 of N.I. Act against the applicant regarding the payment of entire amount of Rs. 11,33,551/- which is pending before the concerned Magistrate. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 31.1.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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On the other hand, learned A.G.A. opposes the application for bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant- Shri Nath Tiwari, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(ii) 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 IPC.

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(iii) 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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 27.9.2021 SY

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Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.09.27 13:19:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Shri Nath Tiwari v. State of U.P.

Case brief

What is this about?

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Shri Nath Tiwari v. State of U.P.

Case brief

What is this about?

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