Single Judge Court granted bail to applicant in a cheque and forgery case where the informant had settled the matter and the applicant had returned the share amount, subject to compliance with standard bail conditions.
Applicant released on bail on furnishing a personal bond and two local sureties each of the like amount.
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. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42383 of 2020
Applicant :- Santram Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava 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 on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 1534 of 2018, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Baradari, District Bareilly.
Learned counsel for the applicant submits that according to prosecution version, informant invested Rs.2,50,000/- in Bhumi Shringar Real Estate India Limited but it could not mature. On lodging FIR, matter was investigated and charge sheet has been filed against the applicant. During hearing of bail application before the learned Sessions Judge informant also appeared and stated that he has settled the matter with the applicant and as per page no. 22, applicant returned the amount of his share Rs. 1,20,000/- in which Rs. 60,000/- was paid cash and Rs.60,000/by cheque no. 644424. He further 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 29.08.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, payment by the applicant Rs.1,20,000/- of his share and perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Santram 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 :- 6.1.2021 MAA/-
1 issue framed by the court
Whether the applicant is entitled to bail after settling the matter with the informant in case of cheque related fraud offence.
3 provisions across 2 enactments
Santram
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
