Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43382 of 2021 Applicant :- Gaurav Yadav @ Sumit Tyagi Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Narayan Singh,Ravi Yadav,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri Ravi Yadav, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Gaurav Yadav @ Sumit Tyagi, seeking enlargement on bail during trial in connection with Case Crime No. 347 of 2021, under Sections 311, 420, 467, 468, 471, 472, 120-B I.P.C. and Section 66-C, 66-D Information of Technology (Amendment) Act, 2000, registered at Police Station Hari Parvat, District Agra.
The allegations in the first information report lodged by Inspector (Hukum Singh) of S.T.F., Field Unit, Uttar Pradesh is that there was an information that some persons are involved in the process of documentation of papers for providing loan to persons and are charging money for it on the basis of which raid was conducted after which Rahul Sharma @ Mayank and the present applicant were arrested and there was recovery of a laptop, certain mobile phones, some sim cards and certain documents along with some documents in the laptop. It is alleged that the said persons were involved in the process of processing documents of persons and assuring them of providing loan for which they were charging money from Rs. 2550/- to Rs. 50,000/- through online mode.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that there is no person who has come forward to lodge any first information report against the applicant and co- accused persons. The applicant is running a business of consultancy and there is no complaint by any individual whatsoever with regards to any wrongful gain to the applicant and co-accused and wrongful loss to any such person. It is further argued that the present first information report has been lodged with malafide intentions without any credible evidence. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit and he is in jail since 05.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail and argued that there were recoveries affected by the raiding team with regards to documents and electronic material for getting loan to persons. It is argued that the applicant was arrested from the place from where there are recoveries.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the first information report has been lodged by Inspector of S.T.F. No independent person has lodged any complaint with regards to any wrongful loss to him. The recovery of the alleged articles and documents are stated to be with regards to the profession of applicant of consultancy for providing assistance to persons for taking loan.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Gaurav Yadav @ Sumit Tyagi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of family members) 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 28.10.2021 AS Rathore (Samit Gopal,J.)