Allowed

Pratik Rastogi v. State of U.P.

Allahabad HC21 Sept 2022BAIL/13105/2022

Case brief

AI extract

What is this about?

In bail application No. 13105 of 2022, the Allahabad High Court granted bail to the applicant in a cheating and forgery case before a trial court. The court imposed strict conditions regarding attendance, presence for framing of charges, and recording of statements under Section 313 Cr.P.C., with penalties for misuse.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to conditions of attendance and reporting to the trial court.

Pratik Rastogi Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13105 of 2022

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Applicant :- Pratik Rastogi Opposite Party :- State of U.P. Counsel for Applicant :- Srikant Tiwari,Prashant Sharma,Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.,Krishna Mohan Asthana

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Hon'ble Piyush Agrawal,J.

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Counter affidavit filed today, is taken on record.

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Heard learned counsel for the applicant, Mr. Krishna Mohan Asthana, learned counsel for the informant-opposite party as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 254 of 2021, under Sections 420, 467, 468, 471, 120 B IPC, Police Station- Manduwadeeh , District - Varanasi.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant has been cheated by the informant bank as at the time of taking loan a certificate was given which proves the gold was real; the FIR has been lodged with inordinate which has not been explained; the applicant has duly explained his criminal history in para 17 of this applicant. It has been further stated that on the identical issue another FIR has been lodged at the same police station against one Pratik Rastogi, who has granted bail by this Court vide order dated 31.8.2022 passed in Criminal Misc. Bail Application No. 13153 of 2022. Accordingly, the applicant is also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 22.8.2021 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. and Mr. Krishna Mohan Asthana, learned counsel for the informant-opposite party have opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant namely Pratik Rastogi be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229A of the Indian Penal Code.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code.

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(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 the applicant in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 21.9.2022 Rahul Dwivedi/-

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(Piyush Agrawal, J.)

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Digitally signed by RAHUL DWIVEDI Date: 2022.09.21 16:11:40 IST Reason: Location: High Court of Judicature at Allahabad

Pratik Rastogi v. State of U.P.

Case brief

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Pratik Rastogi v. State of U.P.

Case brief

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