High Court allowed bail in a criminal case involving cheating, forgery, and cyber crime. The applicant had no criminal history, unlike the co-accused who was already on bail, and was languishing in jail during the pandemic.
Application allowed. Applicant released on bail on personal bond and two sureties with standard 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. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 227 of 2022
Applicant :- Ajay Bharti Opposite Party :- State Of U.P. Through Secretary Home At Lucknow
Counsel for Applicant :- Rajesh Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rajesh Kumar Vishwakarma, learned counsel for the applicant, and Sri Shravan Kumar Ojha, the learned A.G.A. for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Ajay Bharti for enlarging him on bail in Case Crime No. 582 of 2021, under Sections 419, 420, 379, 411 I.P.C. and 66 D I.T. Act, registered at Police Station-Khalilabad, District-Sant Kabir Nagar.
The bail application so preferred by the applicant has been rejected by the court below on 02.11.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by Branch Manager H.D.F.C. Bank Mohammad Khalid, before P.S. Khalilabad, District-Sant Kabir Nagar being FIR No. 0582 on 15.08.2021 at 18:53 hours in the above noted section. Learned counsel for the applicant has that F.I.R. has been lodged on the above noted sections with allegation as sought to be made against the accused unknown persons however, the name of the applicant stood surfaced during investigation along with one Anuj Sharma. Learned counsel for the applicant has further argued that amount Rs. 135,800 as is sought to be shown to be recovered along with other incriminating article is an implanted one and further has argued that he has no connection in the commission of the crime. Learned counsel for the applicant has further drawn the attention of the Court towards paragraph no. 22 of the bail application so as to contend that there is no criminal history of the applicant and co- accused Anuj Sharma has already been enlarged on bail vide order dated 07.02.2022 by Coordinate Bench of this Court in Criminal Misc. Bail Application No. 50718 of 2021 and is entitled to parity. Learned counsel for the applicant has further submitted that the applicant is languishing in jail since 30.08.2021. If the applicant is released on bail, he will not misuse the liberty of bail, he be
enlarged on bail.
Countering the said submission, the learned AGA has opposed the bail while arguing on the strength of the counter affidavit dated 28.01.2022 while arguing that applicant has rightly been criminally proceeded with, but he could not dispute the fact that co-accused has already been enlarged on bail and also that the applicant is languishing in jail since 30.08.2021.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail as applicant has no criminal history and co-accused has already been enlarged on bail and the applicant is unnecessarily languishing in jail since 30.08.2021, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances. Fit case as the applicant have no criminal history and co-accused have already been granted bail
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Ajay Bharti involved in aforesaid 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 that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 15.2.2022
SY
Digitally signed by SWETA YADAV Date: 2022.02.21 16:43:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail application of applicant, who has no criminal history while co-accused has already been granted bail, should be allowed given the nature of the offence and jail overcrowding during the pa
1 provisions across 1 enactments
Ajay Bharti
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
