Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47976 of 2021 Applicant :- Akhilesh Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 325 of 2021, under Section 468, 406, 420 of I.P.C. registered at P.S.- Gorakhnath, District-Gorakhpur.
Allegation against the applicant is that the complainant paid Rs. 2,20,000/- by way of cheques and Google Pay in the account of firm of the applicant namely Agriculture and Animal Husbandry Research Centre, Lucknow for getting a job but the applicant did not provide any job to the complainant and digested the money paid by the complainant.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The prosecution story is false and fabricated. Applicant has not committed the alleged offence. Firm of the applicant provides training and infrastructure for agriculture and animal husbandry and research and provided training to the complainant for poultry farming and other infrastructure and chicks for poultry farming. Complainant paid money in the account of firm of the applicant for the purpose of business so it is a case of civil nature. Applicant never gave any assurance to complainant to provide any government job nor taken any document. Complainant cooked up a false story against the applicant. Applicant took money from the complainant and provided training and infrastructure for poultry farming so no case under aforesaid Sections is made out against the applicant. Further submitted that the applicant is ready to pay the money taken from the informant in equal installments. Applicant has no criminal history and he is in jail since 16.09.2021. Further submitted that the applicant may be released so that he can pay the aforesaid amount to informant.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
In view of the above, in the interest of justice, subject to payment of Rs. 2,20,000/- to the complainant in four equal installments i.e. 55,000/- within a year, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Akhilesh Kumar Singh involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will pay the aforesaid amount in equal four installments and the first installment will be payable after two months from the date of his release. In case of failure of this condition, the complainant can move bail cancellation application.
2. The applicant shall not tamper with the evidence or threaten the witnesses.
3. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
4. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 23.12.2021 VPS