Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35462 of 2021 Applicant :- Awanish Nagar Opposite Party :- State of U.P.
Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.,Adarsh Srivastava,Reena Pal
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Pandey Balkrishna, learned counsel for the applicant, Rakesh Kumar Singh, holding brief of Shri Adarsh Srivastava, learned counsel for the informant and the learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed on behalf of applicant Awanish Nagar under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 319 of 2021, under Sections 419,420 of the Indian Penal Code, 66D and 66C of Information Technology Act registered at Police Station Phase-3, District Gautam Budh Nagar, during pendency of the trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The First Information Report dated 21.4.2021 has been lodged by Shubham Tripathi, an employee of applicant's company 'Get in Touch Solution' stating that the informant started work in the company. The company is involved in settling accident claim abroad. The Director of the Company illegally became Australian Citizen and used to buy data and started settling road accident claim and committed fraud. It is further submitted that the First Information Report has been lodged on false and frivolous allegations. During investigation it is evident that the informant is an employee of the applicant's company. The applicant is implicated on the basis of false extra judicial confession. Statement of account No. 1815040397 which was jointly operated by the applicant and his father Prem Pal wherein certain amount was deposited since 25.8.2020 to 2.3.2021 which is obtained from Kotak Mahindra Bank. No amount was transferred from abroad in the aforesaid account by a Money Transfer, Western Union and Money Gram. It is further submitted that in the aforesaid account, amount was received either by RTGS, IMPS or NEFT, all are local payments.
It is next contended that no other criminal antecedent to his credit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 10.5.2021, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
It is settled position of law that bail is the rule and committal to jail is an exception in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused- applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.
Let applicant, Awanish Nagar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) 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 of Cr.P.C.
(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 the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 23.9.2021 Rakesh