Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7698 of 2021 Applicant :- Amir Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Kumar Mishra,Anand Kumar Mishra Counsel for Opposite Party :- G.A.,Devendra Gupta
Hon'ble Shekhar Kumar Yadav,J.
List has been revised. Learned counsel for the applicant as well as learned A.G.A are present. None is present on behalf of the informant.
Heard learned counsel for the applicant, learned AGA 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 in Case Crime No. 54 of 2020, under Sections 420, 467, 468, 471, 406, 504, 506 IPC, at Police Station Kavinagar, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It has further been submitted that as per the FIR, the applicant has done forgery with the company of Rs. 4,10,159/- and deposited the said amount in his account. It has further been submitted that there is no evidence regarding the connection between the website and the account of applicant and the amount which is deposited in the account of applicant is his own. It has further been submitted that the incident took place between 1.3.2012 and 31.3.2017 and the FIR of the alleged incident has been lodged on 14.1.2020 but there is no satisfactory explanation for this delay in lodging the FIR. It has further been submitted that the statement of the informant recorded under section 161 Cr.P.C. is contradictory to his restatement recorded under section 161 Cr.P.C. It has further been submitted that no complaint has been made against the applicant by the customers or any persons. It has further been submitted that the present matter has been investigated by the local police. It has further been submitted that the alleged offence is triable by the Magistrate. The applicant has no criminal history. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 20.12.2020.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Amir, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.12.2021/ A.