Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7682 of 2021 Applicant :- Deepak Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, Deepak Kumar, who is involved in Case Crime No. 13 of 2020, under Sections 406, 420 & 34 IPC and 66-D of Information Technology (Amended) Act, 2008, Police Station-Cyber Crime, District- Agra, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is employee of co-accused Jagdish @ Jitendra @ Jeetu and Chandra Shekhar @ A.K. Rawat. It is next submitted that on 29.12.2020, the Police raided the office of Jagdish @ Jitendra @ Jeetu and Chandra Shekhar @ A.K. Rawat, the applicant and other co-accused, namely Ashok, Deepak Kumar (the applicant), Ravindra @ Namo, Ajay Pal Sharma and Kuldeep Singh being employees in the said office were present there. It is the case of the prosecution that the Police has recovered electronic items from the aforesaid office and shown a recovery of two mobile phones and two ATM cards from the possession of the applicant, making allegation that the accused persons in collusion with each other used to extract money from online sale of various items and after receiving the amount, no delivery of items are made by them. The submission of learned counsel for the applicant is that it is admitted case of the prosecution that no amount has been credited by any customer in the account of the applicant. The averment in this regard has been made in para 12 of the bail application. It is also submitted that there is no complaint against the applicant by any individual customer. The applicant has been falsely implicated in this case on the basis of suspicion by the Police. It is next submitted that the applicant has no criminal history and except the confessional statement of the applicant there is no other corroborative evidence regarding involvement of the applicant in the alleged offence. It is also pointed out that there is no independent public witness of the alleged recovery, therefore, possibility of false implication of the applicant cannot be ruled out. It is further submitted that being an employee, the case of the present applicant is distinguishable from the case of aforesaid co-accused Jagdish @ Jitendra @ Jeetu and Chandra Shekhar @ A.K. Rawat. The applicant is languishing in jail since 30.12.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Deepak Kumar be released on bail in the aforesaid case crime number on 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.
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.
Order Date :- 5.4.2021 Sunil Kr. Gupta