Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State.
The applicant is seeking bail in connection with Case Crime No.- 1206 of 2019, under Sections 419, 420, 467, 468, 471, 120B IPC Police Station- Kotwali Farrukhabad, District- Farrukhabad.
The present FIR has come to be lodged with the allegation through an application under Section 156(3) Cr.P.C. that in the name of Kisan Credit Card the informant was made to apply for loan of Rs.9,85,000/-, though he neither had intended to do so nor, connected in any manner with the alleged incident.
It has been pleaded in the affidavit filed in support of the bail application that the applicant has been falsely implicated in the present case. It is next submitted that the applicant is merely a Class IV employee (Sweeper) working in a bank and also in village. It is further submitted that his name has unnecessarily been dragged in the present case because of some village politics. It is further argued that co-accused Lalu, Shivam Yadav and Ghanshyam have already been granted bail by this Court vide orders dated 9.9.2020, 22.9.2020 and 2.12.2020 in Criminal Misc. Bail Application Nos.19061 of 2020, 27586 of 2020 and 42745 of 2020 respectively, copy of the orders has been collectively placed at Annexure-6 to the affidavit filed in support of the bail application. It is further pleaded that the applicant is having no criminal history and is languishing in jail since 22.12.2020.
Learned Additional Government Advocate as well as learned counsel for the complainant have, however, opposed the bail application but could not dispute the aforesaid fact that the applicant is having no criminal history to his credit.
In view of overall facts and circumstance of the case, the Court is of the opinion that the applicant is entitled to be released on bail.
Let the applicant Buddhpal alias Jaypal Yadav involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, court below will be at liberty to cancel the bail.
It is also directed that identity, status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
The concerned Court/Authority/Official is further directed to 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 :- 29.1.2021 Deepika