Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43184 of 2020 Applicant :- Anil Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Uday Shankar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard Sri Saghir Ahmad, learned Senior counsel, assisted by S/Sri Sharda Babu as well as Mohd. Raghib Ali for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.110 of 2020, under Sections 419, 420, 409 I.P.C., Police Station Haraiyya, District Basti.
Learned counsel for the applicant submits that as per prosecution version, gram pradhans of village Majhgawan, Bhanpur, Basgaon and Keshavpur embezzled Rs.63.19 lacs. During investigation, gram pradhan Keshavpur has been exonerated. Arrest of Urmila Devi gram pradhan, Majhgaon has been stayed by this court vide order dated 11.11.2020 till submission of chargesheet. Gram pradhan Chandani Verma is absconding. Power of gram pradhan Bansgaon was seized by District Magistrate concerned on 9.12.2019. The seizure order dated 9.12.2019 was withdrawn on 8.7.2020. He further submits that gram pradhan Keshavpur has been exonerated on the basis of fact found during investigation that near about Rs.22 lacs were expended in construction work and Rs.6,56,000/- were transferred in the account of driver of the applicant among which Rs.4,80,000/- was deposited and remaining amount of Rs.1,76,000/- were transferred to the account of beneficiaries. It is further submitted that co-accused Chandani Verma and Urmila who have already been granted bail by the co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.6239 of 2020 and 12390 of 2020, vide orders dated 24.6.2020 and 11.11.2020, respectively. Applicant's case is at par with co-accused released on bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 7.9.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that applicant through 7 cheques has transferred the money to the account of his servant and driver, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(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, 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.1.2021 m.a.