Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42494 of 2019 Applicant :- Jagat Narain Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Rashid Siddiqui,Abhinav Gaur,Ankit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Anoop Trivedi, learned Senior Advocate assisted by Mr. Ankit Shukla 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 Jagat Narain Mishra, who is involved in Case Crime No. 145 of 2010, under sections 419, 420, 467, 468, 471, 409 IPC, police station Kotwali, district Varanasi, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that as per prosecution case, allegation against the applicant is that a joint MIS account No. 107065 was opened in the names of Ajai Dhan Rajani and Smt. Kiran Dhan Rajani on 26.12.2001 through the applicant, who was National Saving Agent and in the said account an amount of Rs. 2,00,000/- (rupees two lac) was deposited. Subsequently, on 26.04.2005, a premature withdrawal of the said amount of Rs. 2,00,000/- (rupees two lac) was made and the said account was closed, but again on 08.01.2008 an amount of Rs. 2,24,749/- (rupees two lac twenty four thousand seven hundred forty nine) was withdrawn through cheque and said account was again closed. Subsequently, a departmental proceedings was conducted in the mater, in which account holder Smt. Kiran Dhan Rajani stated that she never visited the Head Post Office on 26.04.2005 nor she has received any premature withdrawal of Rs. 2,00,000/- (rupees two lac) of the said M.I.S. account. Further allegation against the applicant is that the applicant in order to save his skin, deposited an amount of Rs. 2,37,672/- (rupees two lac thirty seven thousand six hundred seventy two) on 10.06.2008 with interest. On the said fact, main substratum of argument of learned counsel for the applicant is that as per prosecution case itself, it is evident that there is no monetary or financial loss has occurred to any individual. It is further submitted by the learned counsel for the applicant that applicant has falsely been implicated in the present case with some ulterior motive by one Maheshji Baranwal because on 24.06.2010 Maheshji Baranwal came at Head Post Office for the purpose of payment of some Kisan Vikas Patra and after verification, it was found that the said Kisan Vikas Patra was never issued by the Head Post Office, Varanasi and he was caught red handed, then he has disclosed the name of applicant and subsequently on releasing on bail, he along with his family members, lodged seven cases against the applicant, out of those cases, in three cases being Case Crime No. 131 of 2010, 195 of 2010 and 196 of 2010, the applicant has already been granted bail. It is also submitted that the applicant is in jail since 27.07.2010 and in view of provisions of section 436-A of Cr.P.C., the applicant is entitled to be released on bail. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has vehemently opposed the bail prayer of the applicant, but did not dispute the aforesaid submissions advanced on behalf 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 Jagat Narain Mishra, 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 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 will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
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. It is further clarified that 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 :- 28.11.2019 Sazia