Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19215 of 2021 Applicant :- Arvind Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Vajpeyi,Manish Tiwary(Senior Adv.),Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Manish Tiwari, learned Senior Advocate assisted by Shri Praveen Kumar Singh, learned counsel for the applicant, Shri Irfan Chaudhary, learned counsel for the informant as well as learned A.G.A for the State through video conferencing and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. No prima facie case is made out in the present matter for the offences levelled against the applicant. In-fact applicant is not an employee in the firm concerned. Whatever amount was paid by the complainant was paid on his own free will for obtaining the work. In-fact huge amount of the applicant is also outstanding against the firm. None of the ingredients of the offences levelled in the matter are attracted against the applicant. All the criminal cases shown as criminal history against the applicant were lodged at a time. It is further submitted that if entire prosecution case is taken into consideration then also company/firm has not been arrayed as an accused. Thus, on this ground also criminal prosecution cannot continue. He is languishing in jail since 29.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposed the prayer for bail and argued that although applicant is not an employee of the company concerned but he was technical assistance and has induced to pay huge amount. Thus, he has played active role from the very beginning. All the offences levelled against the applicant in the present matter are clearly attracted. A prima facie case is made out.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Arvind Singh involved in Case Crime No. 287 of 2020, under Sections 406, 420, 467, 468, 471, 504, 506 IPC, P.S. Mundali, District - Meerut be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this 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.
Order Date :- 13.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.13 14:20:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad