Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20511 of 2021 Applicant :- Earnest Phillips Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Aditya Gupta Counsel for Opposite Party :- G.A.,Kumar Vikrant
Hon'ble Anil Kumar Ojha,J.
Heard Sri G. S. Chaturvedi, learned Senior Counsel for the applicant, learned A.G.A. for the State and perused the record.
None present on behalf of complainant.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 205 of 2020, under Section 419, 420, 467, 468, 471, 323, 406 of I.P.C., Police Station Mughalsarai, District Chandauli.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Entire criminal proceeding has been initiated in collusion with Mrs. Patience Phillips who is anyhow interested to dispossess the applicant from the house and as per the will executed by late Franklin Phillips who may be sole owner of the property after death of the informant. No evidence has been collected by the investigating officer that the signatures have been forged by the applicant for withdrawing the amount. He has not committed any offence of cheating, forgery or act of forgery of valuable security or used any forged document as genuine as such the provisions of aforesaid Sections will not attract against the applicant. Learned counsel for the applicant drew attention of this Court towards page no. 48 of the paper book and pointed out that all the money has not been withdrawn by the applicant although, some money was withdrawn by the applicant which was paid to the informant for her house hold expenditures. Accused is lying in jail since 21.01.2021. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the complainant/informant is an old lady of 80 years of age. Further submitted that applicant by forging signatures of the applicant has withdrawn Rs. 12,948,77/- from Allahabad Bank and Rs. 14,909,54/- from Union Bank of India from time to time. Applicant took advantage of the informant being an old lady and indulged in domestic violence and beaten her also. Disputed cheques of the complainant were sent to handwriting expert and they were not tallied with the specimen signatures of the informant, thus, the applicant has committed forgery with the informant, therefore, bail application of the accused applicant should be rejected.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that applicant has allegedly cheated an old lady of 80 years and committed fraud of huge money, I do not find it to be a fit case for grant of bail to the applicant.
Accordingly, bail application of the applicant, is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a period of one year from the date of production of a certified copy of this order.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.12.2021 VPS