The High Court of Allahabad granted bail to the applicant in a money laundering and forgery case, conditioned upon repayment of funds and adherence to court appearances without consequences.
Bail granted to applicant Ranjeet alias Munna on furnishing personal bond and two local sureties, subject to conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4387 of 2021
Applicant :- Ranjeet @ Munna Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu,Sanjay Kumar Sahu,Virendra Kumar Maurya 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. 1904 of 2019, under Section 420, 406, 467, 468, 471 IPC, P.S. Sihani Gate, District Ghaziabad.
Learned counsel for the applicant submits that according to FIR, work of the applicant is to issue railway ticket and money transfer to the persons, Firm is registered in the name of Roshan Communication and applicant is proprietor of the Firm. He further submits that Rs. 51115.86 were transferred in the account of the applicant. He also submits that as per statement of informant, one Deepak Thakur took document for issuing Credit Card. He also submits that the applicant is ready to return the amount of the informant within one month from the date of release. He next 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 28.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that in the account of applicant money has been deposited.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, readiness of the applicant to return the amount to the informant and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ranjeet alias Munna 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 return the entire amount of the informant within one month from the date of release.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
In default of any of the conditions the bail of the applicant shall automatically treated to be cancelled.
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 :- 17.2.2021 MAA/-
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case involving cheating and forgery charges.
5 provisions across 2 enactments
Ranjeet alias Munna
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
