Criminal court allowed bail to Balram Yadav in a cheating and forgery case wherein the applicant alleged false implication via family connections and offered to refund the disputed amount to secure release on personal bond and sureties.
Released on bail with personal bond, two sureties, and a directive to deposit Rs. 98,000/- to the informant within six weeks.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9713 of 2022
Applicant :- Balram Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Premnendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 0347 of 2021, under Sections- 419, 420, 467, 468, 471, 504 and 506 IPC, Police Station Manjhanpur, District Kaushambi.
The submission of learned counsel for the applicant is that the facts as indicated in the F.I.R. so far as it relates to the applicant are completely false and he has been falsely implicated in the present case. In this case the implication of the applicant is only on account of the fact that the applicant is the real brother of co-accused Deepak Singh.
Further submission is that the informant and the co-accused Deepak Singh both were preparing for getting a job in the armed forces and in this regard reliance has been placed on the offer of appointment of co-accused Deepak Singh, annexed as annexure-5 to the present bail application. He has submitted that while the co-accused Deepak Singh and the informant was preparing, one Vijay Commando contacted them and assured that he would manage the job in the armed forces and for that purpose he would charge Rs. 6 lacs per candidate and considering the said assurance the brother of the accused Deepak Singh as also the Raj Kishore made certain transactions
with Vijay Commando. He has also stated that in this transaction certain amount was also deposited in the bank account of the applicant which is to the tune of Rs.98,000/-.
He further submitted that infact the co-accused Deepak Singh, brother of the applicant has also been duped in the present case as the offer of appointment was found forged and, moreover, the letter of appointment of Raj Kishore, informant of present F.I.R., was also found forged and after being found that the letter of appointment is forged, which was provided by the designer of the crime Vijay Commando and K.K. Pandey, an F.I.R. was lodged against them on 30-06-2021 registered as case crime no.0329 of 2021, which is annexed as annexure-4 to the present bail application. This F.I.R. was lodged by the police officer of C.I.S.F. As per the F.I.R. registered as Case Crime No. 0329 of 2021, which is based upon the statement of Raj Kishore, who is the informant of the F.I.R. in issue, the accused are Vijay Commando and K.K. Pandey. He submitted that as per the investigation the amount was withdrawn from the ATM at Danapur, which is a place from where the designer of the crime operate. Apart from the co-accused Deepak Singh, who was preparing for getting the job in armed forces, Smt. Geeta Devi (Mother), Narsingh Yadav (father), Narendra (brother) have also been implicated in the present case.
On the basis of the instruction received from the applicant it is further stated that without accepting any allegation made in the F.I.R., the applicant is ready to pay the amount in issue i.e. Rs.98,000/- which was deposited by the informant in the account of the applicant, to the informant. He further submitted that in this case charge-sheet has already been filed on 12-012022 and being so it is not possible for the applicant to tamper with the evidence which is already available on record of the court concerned.
It is further submitted that the applicant has no criminal history except the present one, which is not disputed by the learned A.G.A. 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 26.10.2021 and the possibility of conclusion of trial in near future is extremely bleak.
Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances and keeping in mind the contents of the F.I.R. dated 30-06-2021 registered as Case Crime No. 0329 of 2021 and possibility of conclusion of trial in near future and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Balram Yadav 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:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313
Cr.P.C.
(4) In addition to above, as the learned counsel for the applicant on its own volition has given the undertaking on behalf of the applicant to provide an amount, as aforesaid, to the informant, the applicant shall deposit the amount aforesaid before the court concerned within six weeks from the date of release from jail, which shall be paid after due verification to the informant.
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 :- 4.5.2022 pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.05.05 17:41:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail despite allegations of forgery and financial involvement drawn during a criminal investigation.
Whether the grant of bail is safe in view of the co-accused's arrest for offences of forgery and the pendency of trial.
2 provisions across 2 enactments
Balram Yadav
Saurabh Lavania
Pankaj Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
