Application for bail filed by Gopal Krishan in a mata crime involving embezzlement under IPC sections. Court allowed bail subject to personal bond and sureties, citing prima facie satisfaction and Article 21 mand e conferment.
Release on bail with personal bond and two sureties subject to conditions including attendance at trial and non-tampering.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6427 of 2021
Applicant :- Gopal Krishan Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 181 of 2018, under Sections 420, 409 I.P.C., P.S. Khurja Nagar, District Bulandshahr, is seeking enlargement on bail.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. The FIR was lodged by the Assistant Engineer Revenue on 5.2.2018 for the embezzlement of Rs. 11,98,845/-, and some financial irregularities during the period of 2012-2017. It is further submitted the FIR is highly belated and even there is no public audit of the said amount. In the counter affidavit filed on behalf of the State, it is stated that no audit report is available on record that means no audit was conducted for the said period. The offence is triable by Magistrate. Applicant is of no criminal antecedents as stated in paragraph no. 31 to the affidavit filed in support of the bail application and is languishing in jail since 11.10.2020. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Gopal Krishan who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 16.9.2021
Sweety
1 issue framed by the court
Whether bail should be granted to the applicant triable by Magistrate under Sections 420 and 409 IPC during the trial.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and AnotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Gopal Krishan
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
