Allowed
Ram Pravesh v. State of U.P. Thru. Prin. Secy. Home Lko.
Allahabad HC/6287/2023
Case brief
from the order text
What is this about?
No. - 2024:AHC-LKO:50792 Court No. - 14 Case…
What the court decided
AI extract
No. - 2024:AHC-LKO:50792 Court No. - 14 Case…
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Neutral Citation No. - 2024:AHC-LKO:50792
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6287 of 2023
Applicant :- Ram Pravesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
In the prosecution case, it is alleged that the applicant along with co-accused persons, on the basis of false and fabricated facts, induced the informant and others and have got invested Rs. 1,40,00,000/- in the company on the pretext of providing double amount in six years. Thereafter, branch office of the company was closed and after demanding money by the investors, they were abused and threatened. It has been further alleged that a promise was made to give employment also in the industries related to the company.
Learned counsel for the applicant submits that the applicant is a driver. The offences are triable by magistrate. Charge sheet in the matter has been filed. The applicant is languishing in jail since 14.03.2023 without having any previous criminal antecedents. It is also submitted that co-accused Mohammad Javed Siddiquie who was also Director and looked after the administrative work of the company has been granted anticipatory bail by the Learned Court of Special Judge-PCAct-2, Lucknow. The applicant seeks parity with the order of the co-accused Mohammad Javed Siddiquie.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or
tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the bail application submitting that the applicant was director in the company as per the FIR.
On due consideration to the fact that co-accused Mohammad Javed Siddiquie who was also the director has been granted bail; till date trial has not commenced, coupled with the fact that the applicant is languishing in jail since 14.03.2023 without having any previous criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Ram Pravesh, involved in Case Crime/FIR No. 112/2018, under Sections 406/420/504/506 IPC, Police Station - Vikas Nagar, District - Lucknow, 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(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) 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.
(v) 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.
(vi) 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.
Order Date :- 25.7.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant Ram Pravesh, who has been in jail since 14.03.2023 with no prior criminal records and no chance of fleeing, should be granted bail for alleged offences under Sections 406/420/504
Whether parity with the order of grant of anticipatory bail to co-accused Mohammad Javed Siddiquie is applicable in this case.
4 provisions across 2 enactments
Ram Pravesh
Karunesh Singh Pawar
As recorded by the court registry
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