Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15118 of 2021 Applicant :- Brij Mohan Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Akhilesh Kumar, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant Brij Mohan seeking his enlargement on bail in Case Crime No. 0845 of 2020, under sections 420, 467, 468, 471, 34 IPC, P.S. Kotwali, District Ghaziabad during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 07.12.2020, a delayed F.I.R. dated 29.12.2020 was lodged by first informant Mangeram and was registered as Case Crime No. 0845 of 2020, under sections 420, 467, 468, 471, 411, 34 IPC, P.S. Kotwali, District Ghaziabad. In the aforesaid F.I.R. as many as two persons namely, Vishwanath Kumar and Sudhir have been nominated as named accused. Branch Manager, Punjab National Bank has also been nominated as accused and other employees have also been nominated as accused.
According to the prosecution story as unfolded in FIR, it is alleged that certain illegal withdrawal have been made from bank account of first informant. Subsequently, some other persons have also been implicated in above mentioned case crime number.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned Case Crime Number. Applicant is in jail since 28.12.2020 as such he has been under incarceration for more than three months. It is lastly contended that certain recoveries have been made from applicant but they are not related to criminality mentioned in FIR. It is then contended that co-accused Puneet Gautam @ Dampy as well as Vinay Kumar have already been enlarged on bail by this Court vide orders dated 25.03.2021 and 26.03.2021. All bail orders have been placed before this Court which are taken on record. Learned counsel for applicant contended that for the facts and reasons recorded in the orders referring above, the applicant is liable to be enlarged on bail. On the aforesaid premise, it is urged that case of present applicant is similar and identical to that of co-accused Puneet Gautam @ Dampy and Vinay Kumar. As such, applicant is liable to be enlarged on bail on the ground of parity. In case applicant is enlarged on bail, he shall not misuse the liberty of bail.
There is no possibility of applicant fleeing away from the judicial process or tampering with the witnesses. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, claim of parity, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant, Brij Mohan, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.4.2021/Ashish Pd.