Heard Shri Satendra Narain Singh holding brief of Shri Amit Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 105 of 2020 under Sections 406, 420, 467, 468, 471 IPC, Police Station - KotwaliNagar, District - Muzaffar Nagar with the prayer to enlarge the applicant on bail.
The report of this incident was lodged through an application given to the Senior Superintendent of Police, Muzaffar Nagar by the complainant and it was alleged therein that that the accused persons came to his house and asked him to do business with them. It is further alleged that forty eight lakhs of rupees were given in cash to the accused person and a partnership firm has been opened by the accused persons in their names along with others. It is also alleged that the accused persons had cheated the complainant and did not make payment of the money received from the business transaction.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. It is also submitted that the complainant was doing business with the present accused and there was a dispute of non settlement of the accounts between the complainant and the accused persons, that is why this false FIR has been lodged against the accused persons including the present applicant. Further contention is that the allegations levelled in the FIR are totally false and baseless and accused persons had not cheated the complainant. Thereafter, the learned counsel argues that the complainant is advocate by profession and he has lodged this false FIR in connivance with the police. The offence, if any, is triable by the Court of Magistrate. Lastly, it is argued that the applicant is in jail since 23.11.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Shri Mohd. Naushad Siddiqui appearing on behalf of the complainant as well as the learned A.G.A. has vehemently opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Arif Kadri involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 4.2.2021 LBY