Court allowed bail application under Section 438 Cr.P.C. for Girija Shankar Rai involved in offences of cheating and forgery, citing parity with a co-accused and prima facie satisfaction regarding flight risk.
Release on bail upon furnishing personal bond and two sureties with conditions regarding court appearance and no tampering with evidence or witnesses.
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Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2671 of 2021
Applicant :- Girija Shankar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Avadhesh Mishra,Ajay Singh,Santosh Kumar Srivastava,Shailendra Pathak Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Learned counsel for the applicant submits that the offence is triable by Magistrate. Charge-sheet has been filed. The applicant is in jail since 17.12.2019.
Learned counsel for the applicant submits that it is a case of dishonour of cheques for which alternative remedy is available to file a complaint under section 138 Negotiable Instruments Act.
The co-accused Manish Kumar Chaubey has been enlarged on bail by this Court vide order dated 24.7.2020 passed in Bail No. 3413 of 2020. Learned counsel for the applicant claims parity with the bail order of Manish Kumar Chaubey.
It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant, as also the ground of parity.
Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, the applicant has no criminal history, arguments advanced by learned counsel for the parties, the applicant is in jail since 17.12.2019, as also the fact that co-accused Manish Kumar Chaubey having similar role has been granted bail, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed.
Let the applicant Girija Shankar Rai, involved in Case Crime No.60/2019 under sections 406, 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Bhinga, district Shrawasti, 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he 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.
(v) 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.
(vi) 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.
Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case.
Order Date :- 17.1.2022 kkb/
3 issues framed by the court
Whether the application for bail in a case involving cheating and forgery charges should be allowed on grounds of parity and lack of criminal history.
Whether the applicant poses a risk of fleeing or tampering with witnesses.
Whether the applicant satisfies the prima facie requirement for bail despite the filing of the charge-sheet.
Girija Shankar Rai
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
