High Court allowed bail to Karan Kumar in a criminal case involving cheating and forgery after considering submissions on lack of victim and right to operate accounts without permission.
Release of the applicant on bail by furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35926 of 2020
Applicant :- Karan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hare Ram Pandey,K.K.Rao,Snehlata Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Counter affidavit filed today is taken on record.
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.217 of 2020, under Sections 419, 420, 467. 406 IPC and Section 66 Information Technology (Amendment) Act, 2008, P.S. Kotwali Padrauni, District Kushi Nagar.
Learned counsel for the applicant submits that according to FIR, account no.6694101001109 was opened on 19.01.2019 and total Rs. 29, 43,296/- were deposited in the account by 30.04.2020, which has been withdrawn online without permission. He further submits that there is no victim in this case and only on the basis of suspicion FIR has been lodged and there is no such rule or law that for online withdrawal there should be permission of any authority. He also submits that 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 and the applicant is languishing in jail since 04.07.2020.
Per contra, learned A.G.A.has opposed the bail prayer of the applicant and submits that for operation of the account there is no necessity to obtain permission from the authority.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offenjce and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Karan 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, 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 of cancellation of bail.
Order Date :- 9.2.2021 MAA/-
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 419, 420, 467, 406 IPC and the Information Technology (Amendment) Act, 2008.
Karan Kumar
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
