Single-judge High Court criminal court enlarged the applicant on bail in an IPC case alleging misappropriation of public funds, pending trial.
Released on bail on furnishing a personal bond and two local sureties each of the like amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3451 of 2021
Applicant : Arvind Kumar Yati Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Mishra,Suresh Chandra 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.211 of 2019, under Sections 409 I.P.C., Police Station Rasada, District Ballia.
Learned counsel for the applicant submits that according to the FIR version applicant is Village Development Officer and allegation against him is that embezzlement of Rs.73,835/- was made by the applicant, village pradhan and technical assistant and in compliance of the order of District Magistrate dated 9.5.2019, applicant has deposited Rs.24612/-. He further submits that arrest of the pradhan has been stayed by this Court in Writ No.2774/19 dated 11.9.2019 and technical assistant has already been granted anticipatory bail by a co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.7754/20 dated 1.12.2020. Applicant's case is at par with coaccused released on bail. He further submits that the applicant has been falsely implicated in the case. 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, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 4.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of the offence, arrest of village pradhan stayed by this Court and in compliance of the order of District Magistrate, applicant deposited Rs.24612/-, without expressing any opinion on the
merit of the case, the applicant is entitled for bail, let the applicant Arvind Kumar Yati 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 :- 18.2.2021
m.a.
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Section 409 IPC involving alleged embezzlement of public funds.
Whether the conditions of the bail order securely protect against tampering with evidence and witnesses.
5 provisions across 2 enactments
Arvind Kumar Yati
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
