Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10300 of 2021 Applicant :- Jata Shankar Dev Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Srivastava,Pushkar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 218 of 2017, under Section 419, 420 IPC, police station Robertsganj, district Sonbhadra during the pendency of trial.
It is argued by the learned counsel for the applicant that the applicant who is Principal of Robertsganj Sanskrit Mahavidhyalaya, has falsely been implicated in the present case on account of dispute of rival Committee of Management of the college. Being Principal, he has opposed certain appointments made by the then Manager Kedar Nath Upadhyaya (informant of the present case) and his son and has also lodged a F.I.R. against them under Section 406, 419, 420 IPC regarding misappropriation of funds. Being aggrieved, the present F.I.R. has been lodged after considerable delay through application 156(3) Cr.P.C. So far as criminal history of the applicant, details of which has been averred in paragraph 26 of the affidavit of the bail application. In all those cases, either final report has been submitted before the competent court or he has already been enlarged on bail by the court concerned . There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 11.4.2019 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
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 Jata Shankar Dev Pandey 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 shall file an undertaking to the effect that he 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.
(ii) 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.
(iii) In case, the applicant misuse 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.
(iv) 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
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. 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 :- 8.4.2021 A.K.Srivastava