Allowed

Hardwari Lal v. State of Up

Allahabad HC22 Feb 2021BAIL/3709/2021

Case brief

AI extract

What is this about?

This court granted bail to Hardwari Lal in a cheating and criminal breach of trust case. The applicant agreed to furnish a personal bond and two local sureties subject to conditions prohibiting tampering with evidence and requiring presence in court.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties of the like amount to the satisfaction of the court concerned.

Hardwari Lal Vs State of Up — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3709 of 2021

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Applicant :- Hardwari Lal Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Gupta,Chandra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Supplementary affidavit filed on behalf of applicant, which is taken on record.

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Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.406 of 2019, under Sections 406, 420 and 34 I.P.C., P.S. Didauli, District J.P. Nagar (Amroha).

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Learned counsel for the applicant submits that the applicant was an agent in a company and informant deposited Rs.54,000 in eighteen months and Rs.59,400/- had to be returned to him. He further submits that as per affidavit of the informant at page no.19 of the supplementary affidavit, he has received Rs.54,000/-. The criminal history of the applicant has been explained in para 5 of the supplementary affidavit. 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 the applicant is languishing in jail since 28.05.2020.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the factual aspects.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per affidavit of the informant Rs.54,400/- received by him, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Hardwari Lal 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 :-

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(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.

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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 of the Indian Penal Code.

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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. 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.

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(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.

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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 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.

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Order Date :- 22.2.2021 Jitendra

Hardwari Lal v. State of Up

Case brief

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Hardwari Lal v. State of Up

Case brief

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