The High Court granted bail to the applicant in a cheating case, holding it to be a fit case for release on personal bond and sureties, while imposing strict conditions regarding trial proceedings.
Applicant released on bail on personal bond and two sureties subject to conditions of presence, no adjournment abuse, and facing proceedings for non-appearance.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42367 of 2022
Applicant :- Dheeraj Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Kumar Verma,Om Prakash Prajapati
Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard 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.162 of 2022, under Sections 419, 420, 411, of IPC and Section 66D of I.T. Act, Police Station- Colonelganj, District - Prayagraj.
As per the contents of First Information Report, Rs.54,000/- has been withdrawn from informant's business Paytm Mobile No.8382934242 and the said mobile number is caused to be closed and after three days, the same has been issued in the name of one Ashok Kumar and the old sim of same number is still in the informant's cellphone.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present crime due to malafide intention. It is submitted that the applicant was arrested and allegedly Rs.45,000/-, two mobiles, one laptop of HP company, 6 Debit/Credit Cards, 11 blank Videophone sim, one bag, 3 passbooks, one cheque book, three Aadhar Cards, one coaching identity card and a motorcycle were recovered from his possession, which are totally false and planted. It is further submitted that the applicant was taken in custody on 26.06.2022, but his arrest and recovery memo has been taken place on 01.07.2022 and by means of ATM card of applicant, the alleged amount of 45,000/- was forcibly withdrawn from his account. Statement of the account has been brought on record as Annexure 3 to the bail application which shows that certain amount was credited in the informant's account from the applicant's account. It is further submitted that the material contradictions and irregularity in the bank account statement and the CDR clearly falsify the involvement of the applicant in the alleged transaction. It is submitted that the applicant has no previous criminal history to his credit. 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 30.06.2022 and the possibility of conclusion of trial in near future is very bleak.
On the other hand, learned A.G.A. has opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant.
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 and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Dheeraj Prajapati be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the 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 him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse 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 fail 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.
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.
Order Date :- 17.10.2022 SK Goswami
Digitally signed by SHIVAKANT GOSWAMI Date: 2022.10.18 17:43:42 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the instant cheating case despite allegations of recovered items.
Whether sufficient circumstances exist to grant bail subject to standard conditions of not fleeing and cooperating in trial.
3 provisions across 2 enactments
Dheeraj Prajapati
Gajendra Kumar
SK Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
