Court No. - 89 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12994 of 2021 Applicant :- Kuldeep Singh @ Karan Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed by learned counsel for applicant in Court today, which is taken on record.
Heard Mr. Vijay Pratap Singh, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Kuldeep Singh @ Karan seeking his enlargement on bail in Case Crime No. 817 of 2020, under Sections 420, 467, 468, 471, 411 IPC, P.S. Noida Sector-20, District Gautam Budh Nagar, during pendency of trial.
Record shows that an F.I.R. dated 11.9.2020 was lodged by first informant Shailendra Kumar, Chief Manager, F.C.P.G. Group and was registered as Case Crime No. 817 of 2020, under Sections 420, 467, 468, 471, 411 IPC, P.S. Noida Sector-20, District Gautam Budh Nagar. In the aforesaid F.I.R. a solitary unknown person has been nominated as an accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that fraud, forgery and cheating have been committed. Subsequent to F.I.R., police proceeded with statutory investigation of aforesaid case crime number. On 18.9.2020 four accused who are alleged to have been involved in above mentioned case crime number were arrested. Certain recoveries were also made from them.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is not named in F.I.R. Applicant has criminal history, but same has been explained in paragraph 3 of supplementary affidavit filed today. Applicant is in jail since 18.09.2020. As such, he has undergone more than six months of incarceration. It is then contended that co-accused Kapoor Singh Dahiya and Jitendra Gulati @ Jatin have already been enlarged on bail by this Court, vide orders dated 20.1.2021 and 12.2.2021 respectively. Same are on record from page 32 onwards of paper book. For ready reference, orders dated 20.1.2021 and 12.2.2021 are reproduced herein under:-
"Learned counsel for the applicant has filed supplementary affidavit today in the Court which is taken on record.
Learned A.G.A. has filed counter affidavit and Shri Kundan Rai, learned counsel for the informant has filed Vakalatnama as well as counter affidavit today in the Court, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.817 of 2020, under Sections 420, 467, 468, 471, 411 I.P.C., Police Station Noida Sector 20, District Gautam Budh Nagar.
Learned counsel for the applicant submits that according to the F.I.R., the applicant and co-accused after preparing forged Aadhar Card, Pan Card used at different shops. He further submitted that Rs.6, 23,000/- cash, 44 gms. of 7 gold biscuits, 7.20 gms. golden earring, 16 Swipe Machine of different banks, 60 Credit Cards, 9 Debit Cards, 8 Pan Cards, 8 Aadhar Cards, 1 motor card, 6 batch report, 7 plain role of swipe machine, 80 credit cards, 2 Swift Dezire car bearing No.DL-8-CQ-4911 and Tarrona bearing No.- DL-CAF-2467, three mobile phone and on phone pay bar code were recovered. He further submits that 4 Aadhar Card, 8 Credit Card, Rs.1,900/- and on his pointing out Rs.1,12,000/- were recovered. He further also submitted that as per F.I.R. 32 cases were revealed but from the recovery, no case has been made out. He next submitted that there is no link evidence, how the applicant used to collect information. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 24.01.2019.
Per contra, learned A.G.A. and learned counsel for the informant has opposed the bail prayer of the applicant and submits that applicant has a group of four members and they have assigned their works. He further submits that by using forged documents they have issued credit cards and swipe machine of different bank. He next submitted that Rs.6,23,000/- and 44 gms. of 7 gold biscuits, etc. have been recovered from the possession of the applicant.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence, punishment provided and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Kapoor Singh Dahiya involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 misuses 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.
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 for cancellation of bail. "
"Learned counsel for the applicant has filed supplementary affidavit today in the Court, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.817 of 2020, under Sections 420, 467, 468, 471 and 411 of IPC, Police Station Noida Sector-20, District Gautam Budh Nagar.
Learned counsel for the applicant submits that according to the F.I.R. Rs.89,49,167/- withdrawn by gang of criminals by using swipe machines. He further submits that on 18.09.2020, 4 Aadhar Cards, 1 Pan Card, 10 Credit Cards, 1 Mobile Phone and Rs.1,200/- alleged to have been recovered from the possession of the applicant and on pointing out from his house Rs.5,11,000/- as well as jewelleries have been recovered and he has been implicated in the present case. He also submits that the co-accused Kapoor Singh Dahiya has been granted bail by co-ordinate Bench of this Court vide order dated 20.01.2021 in Criminal Misc. Bail Application No. 47295 of 2020 therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is criminal history of two cases against the applicant, which have been explained at Para 5 of the supplementary affidavit and he is languishing in jail since 18.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co-accused has already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, the applicant is entitled for bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Jitendra Gulati @ Jatin involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 misuses 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.
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 for cancellation of bail."
It is then contended that co-accused Triloki Nath alias Raju has also been enlarged on bail by this Court today.
In view of above, for the facts and reasons recorded in aforesaid orders, applicant is liable to be enlarged on bail.
It is then contended that case of present applicant is similar and identical to aforesaid co-accused. Consequently, applicant is liable to be enlarged on bail on the ground of parity.
Learned counsel for applicant contends that a sum of Rs. 900/- was recovered from the possession of applicant. 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 Triloki Nath @ Raju, 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 :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 misuses 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.
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 for cancellation of bail.
Order Date :- 8.4.2021 HSM