Single judge bail application invoking equal opportunity to co-accused already on bail in a cheating case forgery IPC. Court granted bail personal bond two sureties subject to attendance conditions recording statement absence proclamation provisions.
Applicant released on bail furnishing personal bond two sureties conditions attendance recording statement prohibition.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14211 of 2022
Applicant :- Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Saini,Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard Shri Rakesh Pande, learned Senior Advocate assisted by Shri Akhilesh Kumar Pandey, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 1158 of 2021, under Sections420, 467, 468, 471 I.P.C., Police Station-Baraut, District Baghpat.
Learned counsel for the applicant submitted that accusedapplicant is innocent and has been falsely implicated in the instant case on the statement of the co-accused Rahul Tomar which is inadmissible in evidence. It is further stated that coaccused Rahul Tomar has already been released on bail vide order of this Court dated 28-03-2022 passed in Criminal Misc. Bail Application No.6994 of 2022. A copy of the bail order is placed before this Court which is taken on record. It is further stated that the case of the applicant stands on better footing. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 12-02-2022.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant as also that the coaccused has already been released on bail.
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 keeping in mind that co-accused has already been released on bail by this Court, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Firoz, be released on bail in aforesaid Case Crime Number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court
concerned, subject to following conditions :-
(i) 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. (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 his under Section 229-A of the Indian Penal Code.
(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. 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.
(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 him in accordance with law.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
This order shall not influence the trial Court for proceeding with the trial.
The application stands disposed of.
Order Date :- 7.5.2022 pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.05.07 16:01:49 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of innocence, parity with co-accused already on bail, and lack of flight risk?
What conditions should be imposed while granting bail in a case involving cheating and forgery?
4 provisions across 1 enactments
Firoz
Saurabh Lavania
Pankaj Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
