High Court allows bail to Vivek Kumar, a co-accused in a cheating case involving digital forgery, noting he is not named in the FIR while his co-defendant is already released. Bail granted with strict bond conditions.
Accused released on bail by furnishing a personal bond and two sureties subject to strict conditions of appearance and non-tampering.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6487 of 2021
Applicant :- Vivek Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1523 of 2020, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Kalyanpur, District Kanpur Nagar.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. He further submits that during investigation, it was found that Sachin Kumar was appearing in place of the applicant in SSC Delhi Police Examination, who has been already granted bail by this Court vide order dated 17.02.2021 in Criminal Misc. Bail Application No.5555 of 2021, therefore, the applicant is also entitled for bail. 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 there is no criminal history of the applicant and is languishing in jail since 02.12.2020.
Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vivek Kumar 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 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.
(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.
(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.
(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 for cancellation of bail.
Order Date :- 22.2.2021 Jitendra
1 issue framed by the court
Whether the applicant, who is a co-accused not named in the FIR and whose co-accused is already on bail, is entitled to release on bail in a cheating case.
3 provisions across 2 enactments
Vivek Kumar
State of U.P.
Ali Zamin
Jitendra
As recorded by the court registry
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