Single judge of Criminal Court allowed bail to the appellant in a case involving cheating and criminal breach of trust, finding it a fit case due to parity with another co-accused and lack of complicity concerns.
Released on bail by furnishing a personal bond and two sureties each.
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. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42130 of 2021
Applicant :- Devendra Lodhi Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 1151 of 2021, under Sections 411, 414 IPC,at Police Station Kavi Nagar, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is in jail since 8.7.2021.
It is further contended that similarly placed co-accused Sachin has already been granted bail by this court vide orders dated 24.11.2021 in Criminal Misc. Bail Application No. 35206 of 2021 therefore the applicant is also entitled for bail on the ground of parity.
I have perused the bail order of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused person, who has already been granted bail by this Court.
On the other hand, learned A.G.A. opposes the application for bail.
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.
Let the applicant Devendra Lodhi, 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.
(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 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 IPC.
(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.
(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.
(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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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.
Order Date :- 3.12.2021
A.
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a similarly placed co-accused already granted bail.
Whether the case constitutes a fit case for bail considering the totality of facts and circumstances without prejudicing merits.
2 provisions across 2 enactments
Devendra Lodhi
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
