Criminal bail application allowed. Court found applicant had made out a case for bail considering false implication, co-accused release, and unlikelihood of trial conclusion. Bail granted subject to sureties and standard conditions.
Applicant released on bail in furnishing a personal bond with two heavy sureties subject to specified conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7046 of 2023
Applicant :- Puneet Tuli Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed by the applicant is taken on record. Heard learned counsel for the applicant and Shri D.P.S. Chauhan, 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 the F.I.R. was lodged by the Station House Officer against 12 persons including applicant. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is further submitted that applicant has not committed fraud or cheating with any one. It is further submitted that applicant is working as an employee in Mavelous Corporate Services owned by coaccused Rajnish and applicant has no concern with the working of company. It is further submitted that out of 12 accused persons, 10 of them have already been enlarged on bail by the trial court and the bail orders are annexed as Annexure no. R.A.-2 to the rejoinder affidavit and applicant is also entitled for bail on the ground of parity. 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 14.12.2022.
Learned A.G.A. has vehemently opposed the prayer for bail.
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, grant of bail to the co-accused and also that trial is not likely to be concluded in near future 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 Puneet Tuli involved in Case Crime No. 530 of 2022, under Sections 420, 34, 120-B I.P.C. and section 67, 67A I.T. Act, Police Station 63 Noida, District Gautam Buddha Nagar be released on bail on his furnishing a personal bond with two heavy sureties (one should be of family member) 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 :- 6.4.2023 Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail given the nature of the offence and the plea of false implication.
Whether the applicant is entitled to bail on the ground of parity with co-accused who have been released on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherExplained¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Puneet Tuli
Vivek Kumar Singh
Bhanu Pratap Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
