High Court allowed a bail application filed by Deepu Saroj accused of hoaxing under Sections 419, 420, 467, 468, and 471 IPC for not conducting investigation seriously and failing to hold a T.I.P.
Released on bail requiring a personal bond and two sureties to the satisfaction of the court below.
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Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8552 of 2021
Applicant :- Deepu Saroj @ Dileep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Varun Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused-applicant seeks bail in Case Crime No.0093 of 2021 under Section 419, 420, 467,468, 471 Indian Penal Code, Police Station Gudamba, District Lucknow.
According to the First Information Report allegation is that one Deepu Gupta has been caught in place of his brother Ram Bharose Gupta by the team of Uttar Pradesh Subordinate Selection Commission running for the examination of the Excise constable at his brother's place.
Learned counsel for the applicant submits that he is not Deepu Gupta rather his name is Deepu Saroj, son of Ramashish Saroj and the person caught was Deepu Gupta. The documents which have been referred in the First Information Report have not been filed along with charge-sheet. The trial court while rejecting the bail application has arrived at a conclusion that the investigating officer has not conducted the investigation seriously. Test identification parade has not been conducted. Offence is triable by Magistrate. Charge-sheet has been filed. The applicant is in jail since 26.2.2021.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above.
I have considered the arguments advanced by learned counsel for the parties.
On due consideration to the arguments advanced by learned counsel for the parties, perusal of the record and the facts that the applicant is in jail since 26.2.2021; offences are triable by Magistrate; I am of the opinion that case for bail is made out.
Accordingly, the bail application is allowed. Let the applicant Deepu Saroj @ Dileep Kumar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:
(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.
Order Date :- 19.1.2022
Madhu
1 issue framed by the court
Whether bail is maintainable when the Investigating Officer has not conducted a serious investigation and no Test Identification Parade has been conducted in a cognizable offence triable by a Magistra
3 provisions across 2 enactments
Deepu Saroj @ Dileep Kumar
Karunesh Singh Pawar
As recorded by the court registry
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