In this bail application, the High Court of Allahabad allowed the release of the applicant on bail in a cheating and forgery case, imposing conditions to ensure appearance in court and prevent interference with witnesses.
Release on bail by furnishing personal bond and two local sureties subject to specified conditions.
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. - 45952 of 2020
Applicant :- Alok Kumar Pasi Opposite Party :- State of U.P. Counsel for Applicant :- R.B. Singh 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.211 of 2019, Sessions Trial No.05 of 2020, under Section 420, 467, 468, 471, 41/411 , 414, 413 IPC, P.S. Gopiganj, District Bhadohi.
Learned counsel for the applicant submits that according to FIR, on 12.09.2019 police arrested the applicant along with looted motorcycle no. U.P.66 G/200 and it is also alleged that on the pointing out of the applicant five more motorcycles were recovered from him. He further submits that the cases were registered in the year 2017-18. The recovered motorcycles have been connected from the crime registered. He also 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 12.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that applicant has criminal history of 06 cases and all the recovered motorcycles have been connected with the present case crime and a reward of Rs. 5,000/- has been declared against him.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Alok Kumar Pasi 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 she
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 her 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 her 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 her, 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 :- 8.1.2021 MAA/-
1 issue framed by the court
Whether the applicant is entitled to bail in the accused case involving cheating and forgery charges.
3 provisions across 2 enactments
Alok Kumar Pasi
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
