This High Court of Allahabad granted bail to Gopal Singh in a cheating and forgery case involving IPC offences, issuing release order with stringent conditions and directives for the Trial Court to expedite the trial.
Released on bail by furnishing a personal bond and two sureties subject to strict conditions including expedition of trial.
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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9160 of 2021 Applicant :- Gopal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.376 of 2017, under Sections 419, 420, 409, 467, 468, 471, 472, 120-B IPC, Police Station Hari Parvat, District Agra.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is a retired government servant. The incident took place on 21.06.2014 whereas the impugned first information report has been lodged on 15.05.2017 through an application under Section 156 (3) Cr.P.C. about three years later. The applicant was not named in the FIR. He further submits that the FIR has been lodged by third person not by the victim. He further submits that the main accused Gaurav Balmiki has already been granted bail by another co-ordinate Bench of this Court vide order dated 03.08.2021 passed in Criminal Misc. Bail Application No.5297 of 2021, copy whereof has been annexed as Annexure No.4 to the bail application. He further submits that since the main accused has already been granted bail, the applicant is also entitled for bail on the ground of parity. The applicant is having criminal history of three cases, which has been explained in paragraph 16 to the bail application. The applicant is in jail since 02.12.2020.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Gopal Singh , who is involved in aforementioned case 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.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
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 :- 8.9.2021/Ajeet
1 issue framed by the court
Whether the application for bail under Section 439 CrPC is maintainable in view of the facts and severity of punishment.
6 provisions across 2 enactments
Gopal Singh
Shekhar Kumar Yadav
As recorded by the court registry
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