This bail application was allowed granting release to Kunwar Lal involved in a cheating case. The High Court noted lack of meritorious role, false implication, and pandemic overcrowding as grounds.
Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49091 of 2021
Applicant :- Kunwar Lal Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Shailendra Singh Yadav, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No.414 of 2020 at Police Station-Ajitmal, DistrictAuraiya under Sections 420, 467, 468, 471 I.P.C.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Auraiya, on 21.09.2021.
The applicant is in jail since 03.09.2021, pursuant to the said F.I.R.
Shri Shailendra Singh Yadav, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. The unexplained delay of 20 days shows that the F.I.R. has been lodged as an afterthought. A general role has been assigned to the applicant in the alleged transaction. The applicant is not a vendor of the sale deed nor he is a witness to the same. The applicant is not a beneficiary of the illicit transaction and has not received any part of the sale consideration. The sole beneficiary of the sale
consideration is one Amit Bharti. Apart from this case, the applicant does not have any criminal history. Learned counsel for the applicant claims congruency in role with co-accused person and seeks parity in relief with co-accused namely Umesh Kumar and Pramod Kumar, who have been granted bail by this Court on 04.10.2021 in Criminal Misc. Bail Application No. 38953 of 2021 (Umesh Kumar and another Vs. State of U.P.).
Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Kunwar Lal involved in Case Crime No.414 of 2020 at Police Station-Ajitmal, DistrictAuraiya under Sections 420, 467, 468, 471 I.P.C. be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.11.2021 Dhananjai
Digitally signed by AJAY BHANOT Date: 2021.11.30 10:57:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant who was falsely implicated in a cheating case with unexplained delays in lodging the FIR.
Whether the applicant should be granted bail with personal bond and sureties upon surrender of any criminal history.
Kunwar Lal
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
