Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17680 of 2021 Applicant :- Mazu Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
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.151 of 2021, under Sections 420, 406, 467, 468, 471, 120-B I.P.C., P.S.
Phase-3, District Gautam Budh Nagar.
Learned counsel for the applicant submits that according to F.I.R. version a lady named Mahira told to the informant that he has been joined in Bandhan Financial Services Ltd. and as a target he has to get sanction loan of 12 ladies/women and for each woman he has to despite Rs.5,000/- accordingly Rs.60,000/- were deposited by the informant in the Account No.IDFC FIRST BANK-10051015220, IFSC IDFB0040101 as told by the lady on phone. He submits that the account which has been disclosed in the F.I.R. is not account of the applicant nor the mobile number belongs to the applicant. The applicant has criminal history of eight cases including the present one and as per rejoinder affidavit of para 9 in Case Crime No.553 of 2019, he has no notice or summon and in six cases of minor nature, he has been enlarged on bail which have been explained in para 16 of the affidavit filed in support of bail application.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 the applicant is languishing in jail since 17.02.2021.
Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that the building which was taken on rent applicant introduced the owner of the building, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, account number and mobile number not linked with him and as per prosecution applicant introduced to the tenant with the owner of the building taken on rent by the alleged Bank, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mazu Chauhan 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.
Order Date :- 30.9.2021 Jitendra