High Court granted bail to Amit Rao in a cheating case, noting that an identically situated co-accused had already been released by a co-ordinate bench, ensuring no reflection on case merits upon conviction.
Released on bail with a personal bond and two sureties to the satisfaction of the court concerned.
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Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8038 of 2022
Applicant :- Amit Rao Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saurabh Shankar Srivastava Counsel for Opposite Party :- G.A.,Rahil,Ravindra Jaiswal
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Ajay Srivastava, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 0142 of 2022, under Sections 471, 468, 420 and 406 I.P.C. later sections 419, 467, 469 and 120B of I.P.C., P.S. Hazratganj, Lucknow Central, District Lucknow.
Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. The applicant has not committed any offence as alleged in the F.I.R. Identically situated co-accused Vishal Gupta has already been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.6027 of 2022, vide order dated 23.9.2022. The applicant is seeking parity of the order aforesaid. There is no criminal history of the applicant, which has been explained in para 19 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 21.4.2022. In case, the applicant is released on bail, he will not misuse the liberty and will co-operate in the trial proceedings.
Per contra, learned A.G.A. has opposed the prayer for bail but he could not dispute the fact that identically situated co-accused person has already been granted bail by the co-ordinate Bench of this Court.
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant Amit Rao involved in the aforementioned 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, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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;
(3) 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.; and
(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
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 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 merits of the case.
Order Date :- 28.9.2022 Ram Murti
Digitally signed by RAM MURTI YADAV Date: 2022.09.28 20:12:00 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether bail should be granted to the applicant pending trial given the grant of bail to an identically situated co-accused by a co-ordinate bench.
Whether the applicant can be released on bail while furnishing a personal bond and two sureties.
Whether Article 21 of the Constitution mandates granting bail ensuring larger mandate.
6 provisions across 2 enactments
Amit Rao
State Of U.P.
Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
