Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.260 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Police Station Alambagh, District Lucknow.
It is alleged that accused-applicant forging the signature of the Divisional Manager, UPSRTC allotted the shops/stalls to three persons by taking approximately Rs.2,10,500/-. The accused-applicant was working as Conductor in the Alambagh Bus Terminal, Lucknow. He is in jail since 10.11.2020.
Learned counsel for the accused-applicant submits that accused-applicant is ready and willing to return the money allegedly taken by him from three persons, provided he is granted some time after his release on bail from the jail. He further submits that wife of the accused-applicant is expecting and it is a high risk pregnancy of eight months. There is no one in the family to look after the wife.
Considering the submissions and the undertaking of the accused-applicant that he would return the entire amount allegedly taken by him from three persons, total Rs.2,10,5000/- it would be appropriate to enlarge the accused-applicant on bail Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Let applicant Anurag Awasthi be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:-
(i) The applicant shall deposit Rs.1,00,000/- within a period of three weeks from the date of his release and the rest of the amount i.e. Rs.1,10,500/- within a period of six weeks from the date of his release. The entire amount is to be deposited within a period of six weeks from the date of his release and the trial court after due verification, shall disburse the said amount to three victims, namely, Gulzar Khan, Farhan Kan and Shobhit Yadav to the extent they had paid the amount to the accused-applicant. In case of failure to deposit the aforesaid amount within the said period, this order shall be deemed to have been cancelled and the accused-applicant shall be taken into custody forthwith.
(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 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.
(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 self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
Order Date :- 22.1.2021 Rao/-