Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44794 of 2021 Applicant :- Devanand Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.248 of 2021, under Sections 420, 467, 468, 471 I.P.C., Police Station- Sector-20, District- Gautam Budha Nagar.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated. Actually the applicant and another co-accused were arrested by the private person. A recovery was made by the private person and there are complaint against the company by the several banks that they issue credit cards and loans on the basis of the fake documents and only to save the company their employees present story has been set up and innocent person has been implicated. There is no evidence that document was signed by the applicant before getting credit card and further that the applicant withdraw money from the recovered credit card. The recovery was shown by the private person without presence of any independent witness. Lastly, it is contended that the co-accused Santosh Agrahi and Vikas Yadav have been enlarged on bail by the Co- ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 31990 of 2021 and 36818 of 2021 vide orders dated 04.10.2021 and 30.09.2021 and the role of the accused- applicant is similar to that of co-accused. The applicant has no previous criminal history except the present one. The applicant who is in jail since 04.04.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has opposed the prayer for bail and submitted that credit cards have been recovered from the possession of the accused-applicant but not disputed the aforesaid facts the co- accused have been enlarged on bail.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment, in the opinion of the Court, a case for bail is made out.
Let the applicant - Devanand involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.10.2021 Krishna*