High Court allowed bail to Pramod Kumar Verma charged with cheating and forgery, noting lack of flight risk and pending related FIRs, imposing standard bail conditions on appearance and non-tampering.
Released on bail with personal bond and two sureties, subject to conditions regarding court attendance and non-tampering.
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Neutral Citation No. - 2024:AHC-LKO:31866
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10107 of 2023
Applicant :- Pramod Kumar @ Pramod Kumar Verma Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Kuldeep Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
The instant application has been moved seeking bail in respect of Case Crime No.708 of 2021, under Sections 409, 504, 506 IPC, Police Station-Kotwail Nagar, District-Barabanki during trial.
The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case.
Further submission of learned counsel for the applicant is that he had three companies which were inviting deposit from the members of the public and the returns were promised on the such investment. On account of COVID-19 pandemic, the business of the company of the applicant suffered and in this context a number of FIRs came to be lodged, the details of which have been disclosed in paragraph-36 of the bail application.
It is also pointed out that the applicant had filed rejoinder affidavit dated 23.01.2024 wherein the bail orders in respect of all cases which has been filed against the applicant have been brought on record. In so far as the present FIR impugned in the instant case is concerned, it would indicate that this is an outcome of personal dispute inasmuch as there is nothing on record to suggest that the complainant of the instant FIR had made any investment or any investment made by the complainant was not returned. Rather, the issue behind the instant case is that the husband of the complainant had agreed to purchase the vehicle belonging to the applicant and since the payment was not made accordingly, the applicant had moved an application under Section 156(3) Cr.P.C which later with the intervention of the Court resulted in lodging of the FIR on
13.11.2021. It is in the aforesaid backdrop that the instant FIR was lodged by the wife of the accused (in the FIR lodged by the applicant). It is further submitted that in so far as the instant case is concerned, the averments do not make out a case and moreover the applicant has been languishing in jail since 07.04.2022.
Learned AGA has opposed the bail application however could not dispute the fact that in all cases the applicant has already been enlarged on bail and regarding an earlier complaint which were translated in the FIR dated 13.11.2021 between the husband and complainant of the instant case is also pending.
Considering the rival submissions as well as the facts and circumstances of the case and the material available on record also considering the nature of allegations and accusation against the applicant, as well as noticing the period of incarceration of the applicant and the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Accordingly, the instant bail application is allowed.
Let the applicant- Pramod Kumar @ Pramod Kumar Verma involved in the above-mentioned case crime be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties, the following conditions shall be 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) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the
evidence.
(iv) 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.
(v) 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
[Jaspreet Singh,J.]
Order Date :- 24.4.2024 Harshita
Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to grant bail to the applicant charged under Sections 409, 504, 506 IPC.
Pramod Kumar @ Pramod Kumar Verma
State Of U.P.
Jaspreet Singh
As recorded by the court registry
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