Allowed

Mehkar Singh Nagar v. State of U.P.

Allahabad HC27 May 2022BAIL/645/2022

Case brief

AI extract

What is this about?

Single judge allowed bail granted to the applicant in a cheating and criminal breach of trust case. The court observed that the applicant had left jail while interim bail was pending and allowed full bail with strict undertakings to cooperate and appear in court proceedings.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties with conditions to appear in court and not seek adjournments during evidence.

Mehkar Singh Nagar Vs State of U.P. — Money Laundering | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 645 of 2022

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Applicant :- Mehkar Singh Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Affidavit of compliance has been filed today is taken on record. Heard Mr. Keshari Nath Tripathi, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant-Mehkar Singh Nagar with a prayer to release him on bail in Case Crime No.755 of 2019, under Sections 420, 406 IPC, Police Station-Civil Lines, District-Rampur, during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that matter was heard on 27th January, 2022 and interim bail was granted to the applicant for time bound period, the order runs as follows:

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"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.755 of 2019, under Sections 420, 406 I.P.C., P.S. Civil Lines, District Rampur.

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Learned counsel for the applicant submits that according to F.I.R. version applicant, Vineet Kumar and Puneet Kumar Saxena opened a chit fund company in the name of Pearl Plus Multi-State Multi Purpose Co-operative Society, they invested public money in the company, thereafter, ran away. He further submits that there is no evidence on record to connect the applicant with the aforesaid company. It is also submitted that informant is an agent in the company. Neither any investor has made any complaint against the applicant nor therein any evidence to connect him. The applicant has not issued any receipt. No money has been transferred in the account of the applicant. The offence is triable by Magistrate- Ist class. 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. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 20.11.2021.

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Learned A.G.A. prays for and is granted two weeks' time to file counter affidavit positively and call Investigating Officer also at the time of hearing of this case.

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Considering the submission advanced by learned counsel for the applicant and seeking time by learned A.G.A., the applicant is entitled for interim bail, let the applicant- Mehkar Singh Nagar involved in aforesaid case crime be released on interim bail till the next date of listing 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 :-

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(i) The applicant shall furnish an undertaking that he will surrender before the trial court on the date fixed i.e. 17.02.2022 and an affidavit shall be filed before this Court to the aspect that he has surrendered before the trial court.

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(ii) During interim bail the applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. 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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List on 17.02.2022."

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It is further submitted that on subsequent date the matter could not be heard, as such order for interim bail could not be extended. It is next submitted that interim bail has been granted but the applicant remained in custody. By order dated 27.04.2022 Court has directed the A.G.A. for filing details of amount deposited by the investors with photo copy of the relevant papers by which it could be demonstrated that amount was deposited by the investors in the account of Company. In compliance of the order of this Court, learned A.G.A. has filed copies of the Sale Registration Letter issued by the Authorized Signatory of alleged company, by which amounts were invested in the company. It is further submitted that the applicant is neither Director or agent nor signatory of the receipts issued by the Companies in favour of the investors, as such applicant cannot be persecuted . It is further submitted the offence is triable by Magistrate. Applicant has no criminal history and he is in jail 20.11.2021.

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Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Accordingly, bail application is allowed .

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Let the applicant-Mehkar Singh Nagar involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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(i) The applicant shall file an undertaking to the effect that 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 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.

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(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.

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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 him in accordance with law.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 27.5.2022

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Digitally signed by PRITI SHARMA Date: 2022.05.27 18:00:12 IST Reason: Location: High Court of Judicature at Allahabad

Mehkar Singh Nagar v. State of U.P.

Case brief

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Mehkar Singh Nagar v. State of U.P.

Case brief

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