1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0234 of 2020, under Sections 419, 420, 406, 467, 468 and 471 IPC lodged at Police Station Achalganj, District Unnao.
It is alleged that the accused-applicant and, co-accused have cheated Rs.12 Lacs from 9 persons named in the FIR for securing them government employment and, they also issued forged appointment and training letters to the victims.
3. Learned counsel for the accused-applicant submits that the accused-applicant is a driver of co-accused, Satya Prakash Srivastava; the accused-applicant is ready and willing to pay back Rs. 5 Lacs to the victims from whom allegedly Rs. 12 Lacs were cheated as a condition precedent for bail without prejudice to his rights and contentions in trial. The accused-applicant has no criminal history and, he has been languishing in jail since 15.09.2020.
4. Ms. Parul Kant, learned Additional Government Advocate, has opposed the bail, however, she does not have serious objection with respect to condition of bail if the accused-applicant is willing and ready to deposit Rs. 5 Lacs.
5. Considering the facts, circumstances and submissions made by the learned counsel for the accused-applicant and, without commenting upon merit of the case, I find it to be a fit case for grant of bail.
6. Let applicant-Kuldeep Srivastava, 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.5 Lacs in two equal monthly installment with the trial Court;
(ii) the applicant shall deposit first installment of Rs.2,50,000/- (Rupees two lacs fifty thousand) only on or before 31st March, 2021 and, second installment of Rs.2,50,000/- (Rupees two lacs fifty thousand) only on of before 30th April, 2021;
Once the said amount is deposited, the trial Court shall disburse the same in favour of 9 victims proportionately;
In case the accused-applicant fails to deposit the amount, as directed, this order enlarging him on bail shall be deemed to be cancelled and the accused-applicant shall be taken into custody forthwith.
(iii) 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;
(iv). 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;
(v). 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
(vi) 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.
[D.K.Singh,J.] Order Date :- 18.2.2021 MVS/-