Court allowed bail to the applicant in a case involving Sections 420 and 468 IPC and Section 66D of IT Act. Bail granted subject to deposit of alleged money and strict conditions regarding tampering, appearance, and proclamation.
Release on bail with personal bond, two local sureties, and undertaking to deposit Rs. 89,998/- within one month.
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. - 3364 of 2021
Applicant :- Akshay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Yadav 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 on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 218 of 2020, under Sections 420 and 468 of I.P.C. and Section 66 D Information & Technology (Amendment) Act, 2008, Police Station Bubaulia, District Basti.
Learned counsel for the applicant submits that as per allegation on 10th August, 2020 Rs. 89,998/- were withdrawn from the account of informant's son after conversation with the mobile No. 7044404202 of Renu Choudhary. He submits that during investigation it was found that in the account of the applicant alleged transaction was made. As per statement no any transaction from the son of informant's account to the applicant's account has been transferred. He further submits that applicant is ready to pay the aforesaid amount. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 15.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, readiness of applicant to return the alleged money, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Akshay Kumar involved in 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 and also on his filing an undertaking on affidavit to
deposit Rs. 89,998/- within a month from the date of release before the court below which will be payable to the claimant, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(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 of the Indian Penal Code.
(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. is issued and 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 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 :- 2.2.2021 Israr
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving cheating, criminal impersonation, and cyber fraud.
6 provisions across 3 enactments
Akshay Kumar
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
