Allowed

Hairi @ Akashdeep v. State of U.P.

Allahabad HC29 Sept 2021BAIL/36119/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant during trial in a criminal appeal case involving cheating and criminal conspiracy, finding him a fit case for bail despite the charge sheet filing, subject to specific conditions regarding trial attendance.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions for trial attendance and prohibition of adjournment.

Hairi @ Akashdeep Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36119 of 2021

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Applicant :- Hairi @ Akashdeep Opposite Party :- State of U.P. Counsel for Applicant :- Mata Achal Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the 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 during the trial in Case Crime No. 22 of 2021, under Sections 406, 420, 467, 468, 471, 120B,34 IPC, P.S. Sector 58 Noida, District Gautam Buddh Nagar.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is not named in the FIR. His name was disclosed during investigation in the confessional statement of Pankaj Prakash. It is further submitted that nothing documents related with the financial transaction with the said company has been recovered from the possession of the applicant and if any recovery has been shown from the possession of the applicant, the same is false and planted. There is no independent witness of the recovery. It is further submitted that the applicant was receptionist and had no concern with the purchasing and selling of goods. The applicant has neither committed fraud with the firm of the informant nor the applicant has prepared forged documents in any manner. Applicant is in jail since 14.3.2021.

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It is further submitted that out of the nine cases shown against the applicant as criminal history, he has been granted bail in four cases and copies of the bail orders have been produced before the court, which have been taken on record.

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On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.

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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- Hairi @ Akashdeep, 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

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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 of any of the above conditions, it shall be a ground for cancellation of bail.

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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 :- 29.9.2021 RavindraKSingh

Hairi @ Akashdeep v. State of U.P.

Case brief

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Hairi @ Akashdeep v. State of U.P.

Case brief

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