Allowed

Sachin Kumar v. State of U.P.

Allahabad HC28 Sept 2022BAIL/33525/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal trial involving cheating and forgery charges. The court finds the case fit for release pending trial but imposes strict conditions regarding court appearance, seeking adjournments, and preventing misuse of bail liberty.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions regarding court attendance and no misuse of liberty.

Sachin Kumar 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. - 33525 of 2022

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Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh,Mayank Srivastava,Shikhar Neelkanth,Sunil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Counter affidavit filed on behalf of State and the supplementary affidavit filed on behalf of applicant, are taken on record.

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Heard learned counsel for the applicant 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. 58 of 2022, under Sections 420, 467, 468, 406, 471, 120B IPC, Police Station- Hari Parwat, District - Agra.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the loan was taken from the bank for completing the construction of his house and the documents/papers of the house were given to the informant-bank, which was duly verified from the lawyer of panel and thereafter the loan was disbursed to the applicant. He further submits that the aforesaid fact is also came up in the statement of the bank Manager, who has disbursed the loan amount. The field officer was also with the concurrence of the said facts. He further submits that in the FIR the informant bank has not even whispered a single word alleging it to be otherwise. He further submits that after taking the loan the installment was paid but due to some misunderstanding the account was made NPA and without any notice the bank proceeded under SARFAESI Act, 2002. He further submits that the applicant has admitted the amount and still willing to pay the same. He further submits that the property in question is already in existence and that has not been alienated. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 31.05.2022 and the possibility of conclusion of trial in near future is very bleak. Learned counsel for the applicant further submits that co-accused has already been granted anticipatory bail.

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Learned A.G.A. has, however, 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, Sachin Kumar , be released on bail in the aforesaid Case Crime Number on 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 the 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the 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 the applicant's 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 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 :- 28.9.2022 Prajapati

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( Piyush Agrawal,J)

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Digitally signed by RAMKESH PRAJAPATI Date: 2022.09.29 09:56:56 IST Reason: Location: High Court of Judicature at Allahabad

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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