Heard Sri Romit Seth, learned counsel for applicant and Sri Abhishek Misra, learned counsel for informant as well as learned A.G.A. appearing on behalf of State.
This is the first bail application filed as a consequence of the First Information Report dated 23.01.2018 under Sections 406,420,467,468 and 471 I.P.C. registered as Case Crime No. 42 of 2018 in Police Station Hazratganj, District Lucknow.
Learned counsel for applicant has submitted that the dispute between parties was with regard to applicant providing a flat for which the informant had advanced some money but on account of slump in real estate, applicant was unable to provide accommodation within the time stipulated leading to lodging of the First Information Report. It has been submitted that applicant is in jail since 13.07.2018.
The applicant has voluntarily filed an undertaking dated 10.12.2019, the original copy of which has been provided to learned counsel for informant. In the aforesaid undertaking, it has been stated that the applicant had received an amount of Rs.24,01000/-, out of which an amount of about Rs.20,00,000/- (twenty lacs) is outstanding and shall be paid in three equal installments within a period of six months. It has been stated that the amount shall be paid into the account of informant.
Learned counsel for informant admits that the original undertaking has been provided to him with submission that applicant put be to strict condition for ensuring compliance of undertaking. In view of aforesaid, bail application is allowed.
Let applicant namely Asad Mehdi Rizvi is directed to be released on bail in Case Crime No.42/2018, Sections 406 420, 467, 468 and 471 IPC in Police Station- Hazratganj, District-Lucknow on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). 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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) The applicant shall strictly comply with the condition of undertaking failing which the informant shall be at liberty to file application for cancellation of bail.
Order Date :- 17.12.2019 Reena/-