Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13021 of 2021 Applicant :- Jayprakash Opposite Party :- State of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Keshari Nandan Singh, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Jayprakash seeking his enlargement on bail in Case Crime No. 944 of 2019, under Sections 420, 467, 468, 471 and 506 IPC, P.S. Baghpat, District Baghpat, during pendency of trial.
Record shows that in respect of certain criminality alleged to have been committed by applicant, First Informant Gaurav Kumar Sharma lodged an F.I.R. dated 8.12.2019, which was registered as Case Crime No. 944 of 2019, under Sections 420, 467, 468, 471 and 506 IPC, P.S. Baghpat, District Baghpat. In the aforesaid F.I.R. seven persons namely Dinesh, Jai Prakash, Snadhya Rai, Sheela Devi, Rakesh alias Dharmendera, Sheo Kumari and B.K. Singh have been nominated as named accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that co-accused Dinesh has committed cheating against applicant by giving false assurance for securing a job in the Post Office. In furtherance of aforesaid, he is further alleged to have taken Rs. 10 lacs from first informant. All the named accused are alleged to be involved in above mentioned fraud.
Learned counsel for applicant contends that applicant is the father of co-accused Dinesh. Applicant further contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is a retired Government Servant and aged about 62 years. Placing reliance upon provisions contained in Section 437 Cr. P. C., it is contended that considering the age of the applicant, he is liable to be enlarged on bail. It is then contended that only allegation made against the applicant in the F.I.R. is that applicant is a party to the entire conspiracy.
On the aforesaid premise, it is thus urged that offence under Section 120 B IPC is subject to trial evidence. Applicant is in jail since 09.12.2020. As such, applicant has undergone approximately four months of incarceration. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed this application. However, he could not dispute submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Jayprakash, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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 for cancellation of bail.
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.
However, it is made clear that co-accused Dinesh shall not be entitled to claim parity with this order.
Order Date :- 8.4.2021 HSM