Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 903 of 2019, under Sections 420, 467, 468, 471, & 120-B IPC, P.S. Noida Sector-20, District Gautam Budh Nagar.
Learned counsel for the applicant submits that as per FIR, five named persons Mannoo, Neeraj, Anuj, Shashank and Seema took personal loan from ICICI Bank, Bandra, Kurla, Mumbai of different amount total amounting to Rs. 61,20,000/-. During investigation it was found that the applicant is named as Neeraj in the FIR. As per Parcha No.26 dated17.02.2020, applicant's name came in the light as Neeraj Tripathi and the name of Shashank Awasthi is Jeetu @ Ashok. It came in the knowledge that against Mahesh, Seema and others a case is registered in district NOIDA in Cyber Crime Police Station. He further submits that as per paper no.42, 17 instalments of Rs.17,618/- each were paid and 43 instalments amounting to Rs.7,57,574/- are due along with penalty and interest and he is ready to deposit the aforesaid money and remaining allegation ought to be tested at the time of trial. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 22.02.2020.
Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicant by submitting that by fake name and employee of a company applicant took personal loan by appending his photographs and relevant documents, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, readiness of the applicant to deposit the amount and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Dushyant Punjal alias Noni involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant undertakes to return half of the amount along with penalty and interest within one month after release and remaining amount along with penalty and interest will be returned within two months thereafter.
(ii) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(iii) 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.
(iv) 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.
(v) 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.
In default of any of the condition bail of the applicant automatically will be treated as cancelled.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 2.2.2021 MAA/-