1. Heard Sri Rajiva Dubey, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No.110/2021, under Sections 419, 420, 467, 468, 471 and 406 I.P.C., Police Station- Kotwali Dehat, District -Bahraich.
3. At the outset, learned counsel for the applicant has submitted that it is a very trivial matter and the allegation is regarding handing over of Rs.10,000/- by the complainant to the applicant for securing a job in the Security Agency. It has been submitted that in total Rs.10,000/- per head was taken by all the accused from the complainants, therefore, a total of Rs.50,000/- was given to them and it was to be divided amongst them and the applicant wants to get 40% of the said amount.
4. It has been very fairly submitted by the learned counsel for the applicant that the applicant is ready and willing to pay his share of amount immediately and forthwith to the complainants and looking to the present COVID-19 pandemic, the applicant deserves to be released on bail.
5. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant looking into the said dispute in question where the applicant is alleged to have taken Rs.10,000/- per head in order to secure a job in the Security Agency, which promise was never fulfilled and, therefore, the present F.I.R. has been lodged.
6. Learned counsel for the applicant has submitted that the applicant is ready and willing to pay his share of the amount to the complainant as directed by this Court.
7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
8. Let applicant Avdhesh Kumar Mishra @ Deepu Mishra be released on bail in Case Crime No.110/2021, under Sections 419, 420, 467, 468, 471 and 406 I.P.C., Police Station- Kotwali Dehat, District -Bahraich, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall deposit a Bank Draft of Rs.6000/- in favour of each of the complainants before the Trial Court, along with the copy of the present order. The complainants shall be at liberty to move an application and withdraw the amount so deposited.
(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.
9. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
10. The application stands disposed of.
11. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
12. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 12.5.2021 Sachin