In a criminal bail application under IPC and IT Act, the court granted bail to the applicant on furnishing a personal bond and two local sureties, subject to specific conditions regarding court appearance and conduct.
Application allowed; applicant released on bail with personal bond and two local sureties subject to conditions of appearance and conduct.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53857 of 2022
Applicant :- Ashwani Singh Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant- Ashwani Singh with a prayer to enlarge him on bail in Case Crime No. 0572 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C. & Sections 66(C), 66(D) Information Technology Act, Police Station- Jagdishpura, District- Agra, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. It is further submitted that the applicant has no concern with the allegations purported in the first information report. He further submits that there is no complaint against the applicant by any person of public alleging that he was cheated in any manner by the applicant. It is also submitted that there is no material on record to corroborate the involvement of the applicant in any manner with the offence. Learned counsel for the applicant has submitted that co-accused Manish Kumar has already been enlarged on bail by a coordinate Bench of this Court vide order dated 09.11.2022 passed in Criminal Misc. Bail Application No. 49721 of 2022 and the applicant is also entitled to be enlarged on bail on the ground of parity. It is also submitted that the applicant has no previous criminal history. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 30.09.2022.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on
record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 2.12.2022 SK Srivastava
Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.12.02 16:56:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail pending trial in a cheating and forgery case.
Ashwani Singh
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
