1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate on this second application for bail and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0165 of 2020, under Sections 419 and 420 IPC lodged at Police Station Kotwali Nagar, District Barabanki.
3. The complainant gave a complaint that he had saving bank account no.33828634524 in the State Bank of India, Main Branch, Barabanki. On 3.3.2020, he sent his father with ATM card to withdraw some money from Dena Bank ATM, now Bank of Baroda. Some unknown persons came to the ATM machine and said that they would help the father of the complainant. The persons fraudulently exchanged the ATM card and gave another card to the father of the complainant, which did not work. Father of the complainant came back. However, after some time, Rs.20,000/- cash was withdrawn from the ATM card of the complainant, which was exchanged by the said persons and they also made purchases of Rs.40,000/-. During the course of investigation, 12 ATM cards were recovered from the accused-applicant. In CCTV footage, he was found to have exchanging the ATM card of the complainant. At petrol pump, he took Rs.20,000/- by using the ATM card of the complainant on the pretext that someone in the family is suffering from Cancer and he needs money immediately. The accused-applicant has criminal history of three more cases.
4. Mr. Sushil Kumar Singh, learned counsel for the accused-applicant, submits that the other three cases, which have been registered against the accused-applicant, are after the registration of the present case and, in all the three cases the accused-applicant has been granted bail vide orders placed on record. The learned counsel further submits that the accused-applicant has been languishing in jail from one year two months. The learned counsel further submits that the accused-applicant may be put to some financial term, as a condition precedent, for enlarging him on bail without prejudice his rights and contentions in trial.
5. Mr. Brijendra Vikram Singh, learned Additional Government Advocate, has opposed the bail and submitted that from possession of the accused-applicant 12 ATM Cards were recovered. He was seen in CCTV Footage at the petrol-pump, swapping ATM Card of the complainant and withdrawing Rs.40,000/-.
6. Considering the fact that the accused-applicant has been languishing in jail for more than one year and two months and he is ready and willing to pay Rs.50,000/- to the complainant without prejudice to his rights and contentions in the trial, it would be appropriate to enlarge the accused-applicant on bail.
7. Let applicant-Krishna Singh, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant shall deposit Rs.50,000/- (rupees fifty thousand) with the trial court within a period of four weeks from the date of his release and the trial court after due verification, shall disburse the said amount to the complainant. In case of failure to deposit the aforesaid amount within the said period, this order shall be deemed to be cancelled and the accused-applicant shall be taken into custody forthwith.
(i-a) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 13.8.2021 MVS/-