Disposed

Vasudev Goswami v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC24 May 2024BAIL/5622/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad dismissed a bail application by Vasudev Goswami, who was incarcerated since August 2021. The court granted bail by releasing the applicant on a personal bond with sureties subject to specific conditions regarding court attendance and non-interference.

What did the court decide?

Applicant released on bail on furniture of a personal bond with two sureties each in like amount to the satisfaction of the Court concerned.

Vasudev Goswami Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:39722

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5622 of 2024

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Applicant :- Vasudev Goswami Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajay Kishor Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned A.G.A.

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As per learned counsel for the applicant, the present applicant is in jail since 21.08.2021 in Crime No.563 of 2020, under Sections 406, 419, 420,467, 468, 471, 506 & 120-B IPC, Police Station- Kotwali Nagar, District- Faizabad / Ayodhya.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged. The applicant has retired from government service & pensioner's and he himself has invested his hard-earned money in the Company , which has duped the money of so many persons. The present applicant has nothing to do with the affairs of the Company in question and has been falsely implicated not only in the present case but in so many cases relating to same incident, therefore, he has to file so many bail applications before this Court as well as before the learned court below and in 29 cases out of total 40 cases, he has been granted bail by this Court as those orders have been enclosed as Annexure No.3. He has also submitted that one co-accused Pradeep Singh has been granted bail by this Court vide order dated 1.11.2021 in Bail No.12449 of 2021. He has further submitted that in the present case the charge-sheet has already been filed and now there is no apprehension of tempering evidence or influencing the witnesses. He has undertaken on behalf of the applicant that he shall abide by the terms and conditions of bail order so imposed and shall cooperate with the trial proceedings and shall never misuse the liberty of bail, if he is granted bail.

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Learned A.G.A. has opposed the bail but could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into the merits of the case and considering the period of incarceration in jail of the present applicant w.e.f

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21.08.2021, charge-sheet has been filed, co-accused Pradeep Singh has been granted bail and the undertaking so given by the present applicant, let applicant- Vasudev Goswami 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 subject to following conditions:-

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(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.

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(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.

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(iii) 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.

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(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 him in accordance with law.

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[Rajesh Singh Chauhan, J.]

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Order Date :- 24.5.2024 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Vasudev Goswami v. State of U.P. Thru. Prin. Secy. Home Lko.

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Vasudev Goswami v. State of U.P. Thru. Prin. Secy. Home Lko.

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