Allowed

Vijay Patel @ Dilip v. State of U.P. through Chief Secretary Home

Allahabad HC14 Oct 2022BAIL/2324/2022

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant charged with cheating offences, granting release upon furnishing personal bond and two sureties, subject to strict conditions including payment of refund amounts to the informant and attendance obligations.

What did the court decide?

Released on bail with personal bond and two sureties of equal amount, subject to conditions of payment to the informant and strict trial attendance. Violation attracts bail cancellation.

Vijay Patel @ Dilip Vs State of U.P. through Chief… — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2324 of 2022

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Applicant :- Vijay Patel @ Dilip Opposite Party :- State Of U.P. Through Chief Secretary Home Counsel for Applicant :- Brij Raj,Bairister Singh Counsel for Opposite Party :- G.A.,Ashutosh Tiwari,Dinesh Kumar Tripathi

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant, 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. 103 of 2018, under Sections 419, 420, 406, 467, 468, 471 IPC, Police Station- Rohaniya , 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 no money has been paid by the aplicant by cash or cheque; the applicant is not the witness of the alleged registered agreement of sale dated 2.2.2017 as well as registered sale deed dated 17.2.2018; the applicant has no criminal history. 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 26.7.2019 and the possibility of conclusion of trial in near future is very bleak.

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Learned counsel for the informant-opposite party opposed the prayer for bail, however it has been submitted that the informant concern is only to refund of the money of the informant and at least some money may be refunded by the applicant after release of bail.

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The learned A.G.A. has also opposed the prayer for grant of bail.

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On instructions, learned counsel for the applicant is ready to pay Rs. 4 lakh to the informant to show his bona fide.

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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 Vijay Patel @ Dilip 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 229-A 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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(v) The applicant shall pay Rs. 2 lakh to the informant before releasing him on bail and Rs. 2 lakh to the informant within 45 days after release on bail.

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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 :- 14.10.2022 Rahul Dwivedi/-

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(Piyush Agrawal, J.)

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Digitally signed by RAHUL DWIVEDI Date: 2022.10.17 16:51:20 IST Reason: Location: High Court of Judicature at Allahabad

Vijay Patel @ Dilip v. State of U.P. through Chief Secretary Home

Case brief

What is this about?

What did the court decide?

Vijay Patel @ Dilip v. State of U.P. through Chief Secretary Home

Case brief

What is this about?

What did the court decide?

What the court decided

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