Allowed

Vishnu Kumar @ Vishnu v. State of U.P.

Allahabad HC18 Feb 2021BAIL/4428/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad granted bail to the applicant in a criminal case involving cheating and criminal breach of trust. The applicant was to furnish a personal bond and two sureties, adhering to strict conditions regarding witness tampering, court attendance, and cooperation with the trial.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties, subject to conditions including court attendance and non-tampering with witnesses.

Vishnu Kumar @ Vishnu Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4428 of 2021

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Applicant :- Vishnu Kumar @ Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Kumar,Chandra Bhan Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on 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.482 of 2018, under Sections 420, 406,506 I.P.C., P.S. Khurja Nagar, District Buland Shahar.

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Learned counsel for the applicant submits that according to F.I.R. version applicant, co-accused Satendra Singh, Sheetla daughter of Brajpal Singh and Azad son of Brajpal Singh took Rs.10,87,000/- from the informant, his brothers Sachin and Kuldeep Chauhan, he also showed the card of Army and told informant that no one can avoid his and his maternal uncle's words in BRO Centre of Agra and Meerut. He further submits that a panchayat was also held in which applicant paid Rs.1,00000/- and assured to return the remaining amount in five months. It is also submitted that Pratap is brother-in-law of the informant and to save him, applicant has been implicated in the present case. 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 09.07.2020.

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Per contra, learned A.G.A. has 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, complicity of the accused, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vishnu Kumar @ Vishnu involved in aforesaid case crime be released on bail on his/her 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 :- 18.2.2021 Jitendra

Vishnu Kumar @ Vishnu v. State of U.P.

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Vishnu Kumar @ Vishnu v. State of U.P.

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