In Criminal Misc. Bail Application No. 14813 of 2022, the Allahabad High Court allowed bail to Parminder Baba in a cheating case where he was not named in the FIR, was not a party to the transaction, and had repaid the loan.
Relief granted by releasing the applicant on bail upon furnishing a personal bond and two sureties subject to specific court conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14813 of 2022
Applicant :- Parminder Baba Opposite Party :- State of U.P. Counsel for Applicant :- Shishir Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Re: Order on Amendment Application.
Heard.
Application is allowed.
Let necessary amendment be carried out during the course of the day.
Re: Order on Bail Application.
Heard Sri Shishir Kumar Tiwari, learned counsel for applicant, learned A.G.A for the State and perused the record.
Applicant- Parminder Baba seeks bail in Case Crime No.1637/2020, under Sections 406/420/467/468/471/120B/506 IPC, P.S. Kavi Nagar, District Ghaziabad.
It is submitted by learned counsel for the applicant that the applicant was not named in the FIR which was lodged about 2 years ago. It is further contended that the applicant was neither the seller nor the purchaser of the land in question nor he has taken any loan with Tata Capital nor the money was transferred in the account of the applicant. It is also contended that the entire amount of the loan has been repaid. The submission further is that the criminal history of the applicant has been satisfactorily explained in paragraph no. 3 of the supplementary affidavit. It is finally submitted that the applicant is in jail since 16.8.2021, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.
Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge
the applicant on bail.
Let the applicant involved in aforesaid case be released on bail on 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 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 him 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.
Order Date :- 18.5.2022 C.Prakash
Digitally signed by CHANDRA PRAKASH Date: 2022.05.19 11:38:10 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in a criminal case involving cheating and forgery.
Parminder Baba
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
