Hon'ble High Court of Allahabad allowed a bail application filed by Omraj Singh accused under Sections 409 and 420 IPC. The court held that the applicant has made out a case for bail, directing the trial court to expeditiously conclude the trial within six months.
Applicant released on bail on personal bond with two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:99288
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12729 of 2023
Applicant :- Omraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anwar Hussain,Avinash Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that a concocted and false story has been set up by the prosecution against the applicant whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was appointed as Secretary in the U.P. Co-operative Society in the year 2016 and was posted as Cadre Secretary at Bahedi Brahmman Sadhan Sahakari Samiti Ltd. Block Dilari, Moradabad. It is further submitted that neither any date & time of the alleged embezzlement nor any detail of the account has been mentioned in the F.I.R. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that applicant has been falsely implicated in two other case and the same has been explained in para no. 19 of the affidavit filed in support of the bail application. It is further submitted that charge of the alleged offence has not been framed as yet. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 06.02.2023.
Learned A.G.A. has vehemently opposed the prayer for bail and
has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he could not disputed the aforesaid facts.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the delay in conclusion of trial, offences are triable by the magistrate and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Omraj Singh involved in Case Crime No. 132 of 2022, under Sections 420, 409 I.P.C., Police Station Bhojpur, District Moradabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 5.5.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail ought to be granted to the applicant restrained of Sections 409 and 420 IPC?
If bail is granted, what conditions and sureties should be imposed?
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Omraj Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
