Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40070 of 2020 Applicant :- Bhagwan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Kumar Gupta Counsel for Opposite Party :- G.A.,Naveen Kumar Yadav,Sudhir Kumar Agarwal
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 270 of 2018, under Sections 420, 406, 467, 468, 471, 504, 506 & 120B IPC, Police Station Barra, District Kanpur Nagar.
As per the averments made in the first information report lodged on 04.04.2018, the property was originally allotted to one Meera Sachan on 14.09.2001 whereafter an impostor claiming himself to be brother of Meera Sachan got executed a forged power of attorney. This impostor has been identified as Shiv Baran. The same property subsequently has also been transferred to the informant on a consideration of Rs.31 lac.
Learned counsel for the applicant submits that applicant was the Dealing Assistant in the Kanpur Development Authority at the time of first allotment and he is neither named in the FIR nor any specific role has been assigned to him. Submission is that merely because applicant was the Dealing Assistant would not lead to an inference that he was involved in the commission of offence etc. It is also submitted that the applicant has otherwise attained the age of superannuation and no specific role has been assigned to him.
Although Sri P. K. Shahi, learned A.G.A. opposes the bail application but facts, as have been urged on behalf of the applicant, are not seriously disputed.
Having perused the materials placed on record and considering the fact that neither applicant has been named in the FIR nor any specific role has been assigned to him and the trial is also likely to take sufficiently long, the applicant is entitled to grant of bail at this stage. Above observations made in the bail order shall however not be construed as expression of opinion, on the merits, at the stage of Trial.
Let the applicant- Bhagwan Singh involved in aforesaid case crime be released on bail 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 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.
(ii) 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.
(iii) 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.
(iv) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 6.5.2021 Ashok Kr.
Digitally signed by JUSTICE ASHWANI KUMAR MISHRA Date: 2021.05.06 18:54:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad