Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15929 of 2018 Applicant :- Anubhav Mittal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar,Amar Nath Tiwari,Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Sunil Kumar Upadhyay, learned counsel for the applicant and learned A.G.A. for the State.
As per the prosecution story, the first informant had deposited Rs.57,500/- on 9.11.2016 through credit card to open an account in M/s Ablaze Info Solution Pvt. Ltd, Plot No.F-472 Sector 63, Noida, District Gautam Budh Nagar. Thereafter, he has been given User ID No.61636527 and Password No.ram12345. As per rules of the company, the amount of Rs.250/- has been transferred in the account of the complainant to open 125 like by the aforesaid company. On faithful order of the company, the complainant and his family members have also deposited Rs.4,60,000/- in the aforesaid company. After passing long time, the amount was not received by the complainant. Thereafter, the complainant approached the said company for making complaint regarding the act of the company. However, the company in question is denying the receipt of money since then the informant is demanding the same with interest which was declined.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. Learned counsel for the applicant further submits that the matter is essentially of a civil nature and has been given a cloak of criminal offence, and the present case has been filed with malafide intention to victimize and harass the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.2.2017. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. submitted that the money has been misappropriated by the applicant fraudulently and dishonestly by committing fraud and forgery and, therefore, he is not entitled for indulgence, and in case the applicant is released on bail, the amount in question be secured by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties as well as the undertaking given by the applicant, I am of the view that the applicant should be granted bail.
Without expressing any opinion on the merits of the case let the applicant Anubhav Mittal, involved in Case Crime No.185 of 2017, under Sections 420, 409, 467, 468, 471, 34, 120-B I.P.C. and Section 3/4/5/6 Prize Chits and Money Circulation Scheme (Banning Act), 1978, Police Station - Phase-III, District - Gautam Budh Nagar, 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 and also subject to prior deposit of Rs.4,60,000/- by way of Fixed Deposit Receipt or as the case may be, in the court concerned (payable in the name of complainant), to be invested in a nationalized bank and ultimately paid to the person concerned occasioned to wrongful loss on the satisfaction of court concerned.
It is made clear that furnishing of aforesaid security by the applicant will not, in any way, prejudice the right/defence of the applicant during the trial of the case.
In case the applicant is acquitted in the present criminal case by the court of law, aforesaid security, if furnished by the applicant, shall be discharged in his favour.
(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.
(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.
(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.
(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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
In case of breach of any of the above conditions or in case of default in deposition of amount as directed herein above, the trial court will be at liberty to cancel the bail granted herein above and the applicant will be taken into custody immediately.
Order Date :- 30.4.2018 / KR