The court granted bail to an empaneled advocate accused of conspiracy and forgery, emphasizing his lack of prior criminal history and his cooperation in the trial proceedings.
Released on bail by furnishing a personal bond and two sureties with conditions regarding trial attendance and non-escape.
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Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 439 of 2023
Applicant :- Mayank Bajpai Opposite Party :- State Of U.P. Thru. S.P. C.B.I/A.C.B. Lko. Counsel for Applicant :- Purnendu Chakravarty Counsel for Opposite Party :- Anurag Kumar Singh
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Purnendu Chakravarty, learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the C.B.I.
It has been contended by the learned counsel for the applicant that the present applicant (Mayank Bajpai) is languishing in jail since 20.12.2022 in Court Case No. 24 of 2020, Crime No. RC0062017 A 0018, u/s 120-B, R/W 419, 420, 467, 468, 471 & 477-A IPC and section 13(2) RW section 13(1)(d) of PC Act, 1988, P.S. CBI/ ACB, District-Lucknow.
It has been submitted by learned counsel for the applicant that the applicant, who is a practicing advocate, has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.
Learned counsel for the applicant has further submitted that pursuant to the complaint being made by AGM/GM UCO Bank, Kanpur dated 04.09.2017 the Central Bureau of India has lodged F.I.R on 12.09.2017 against 42 persons including the present applicant. The allegation against the present applicant is that the present applicant is being empaneled as an Advocate of the UCO Bank, submitted a false and bogus reort for Arazi Lan and cleared the property mentioning in the report that the property is fit to be mortgaged.
On that, Sri Chakravarty, learned counsel for the applicant has stated that the letter pad of the present applicant has been misused by the other co-accused persons as the aforesaid fact may be ascertained during trial. Further, being an Advocate he shall not misuse the liberty of bail if granted and shall cooperate in the trial proceedings and shall abide all terms and conditions of the bail order.
Learned counsel for the applicant has further submitted that the co-accused of this case, namely, Smt. Mishilesh Chaurasiya, has already been granted bail by this Court bide order dated
06.01.2023 passed in Criminal Misc. Bail Application No.152 of 2023 (Smt. Mithilesh Chaurasiya vs. C.B.I.), therefore, on the basis of principles of parity, the present applicant may also be released on bail. The present applicant is having no previous criminal history.
The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall co-operate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. Sri Chakravarty, learned counsel for the applicant has also stated that the present applicant shall try his level best to make some repayment of the amount of loan to the Bank.
Learned A.G.A. and Sri Anurag Kumar Singh, learned counsel for the C.B.I. has opposed the prayer for bail and have stated that the regular bail of the present applicant has been rejected in view of the dictum of Apex Court in re: Y.S. Jagan Mohan Reddy (supra).
Be that as it may, without entering into the merits of the case and considering the arguments of learned counsel for the parties, perusing the material available on record, the contents and allegations of the F.I.R., the fact that the present applicant is a empaneled and practicing Advocate, the fact that the coaccused (Smt. Mithilesh Chaurasiya) has been granted bail by this Court vide order dated 06.01.2023, the charge-sheet has been filed and the undertaking that the applicant shall not misuse the liberty of bail and shall co-operate with the trial proceedings and shall abide by all terms and conditions of bail order, I find it a fit case for granting bail to the present applicant.
Let the applicant (Mayank Bajpai), involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 her 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 her in accordance with law.
(v) The applicant shall not leave the country without permission of the Court concerned.
Before parting with it is expected that the trial shall be concluded with expedition. Further, the learned trial court may take all coercive measures as per law if either of the parties do not co-operate in the trial properly. The learned trial court shall fix short dates to ensure that trial is concluded at the earliest.
Order Date :- 11.1.2023 [Rajesh Singh Chauhan,J.] Suresh/
Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to grant bail to an empaneled advocate falsely implicated in a conspiracy case involving forging loan documents.
Colour shows how this judgement treated each authority
re: Y.S. Jagan Mohan ReddyReferred¶13
4 provisions across 2 enactments
Mayank Bajpai
Rajesh Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
