Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12339 of 2021 Applicant :- Mukhtar Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Counter affidavit filed by learned A.G.A. in Court today, which is taken on record.
2. Heard Mr. Vivek Singh, learned counsel for applicant and learned A.G.A. for State.
3. Perused the record.
4. This bail application has been filed by applicant-Mukhtar seeking his enlargement on bail in Case Crime No.658 of 2020 under Sections 420, 467, 468, 471, 120B and 34 I.P.C., Police Station-Noida Sector-58 Noida, District-Gautam Buddh Nagar, during pendency of trial.
5. Perusal of record shows that certain illegality is alleged to have been committed against first informant and in this connection, an F.I.R. dated 28.12.2020 was lodged by first informant, Naveen Soni, and was registered as Case Crime No.658 of 2020 under Sections 420, 467, 468, 471, 120B and 34 I.P.C., Police Station-Noida Sector-58 Noida, District- Gautam Buddh Nagar. In the aforesaid F.I.R., two persons namely, Sahid and Ali Khan have been nominated as named accused.
5. According to the prosecution story as unfolded in the F.I.R. it is alleged that fraud and forgery has been committed against first informant by named accused by submitted forged receipt of goods and thus, illegally extorted money from first informant.
6. 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 the FIR. Applicant is in custody since 07.01.2021. As such applicant has undergone three months of incarceration. Allegations made in F.I.R. are false and concocted. It is lastly contended that co- accused Arpit Rajput, Rajesh Kurmi @ Lutan Mandal and Sintu, who are not named accused, have already been enlarged on bail by this Court. Copy of their bail orders have been placed before Court by learned counsel for applicant. Same are taken on record. On the aforesaid premise, it is urged that case of present applicant is similar and identical to that of co- accused Arpit Rajput, Rajesh Kurmi @ Lutan Mandal and Sintu. As such, applicant is liable to be enlarged on bail on merit as well as on the ground of parity. In case applicant is enlarged on bail, he shall not misuse the liberty of bail.
7. Per contra learned A.G.A. has opposed the prayer for bail.
8. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, the nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
9 Accordingly, bail application is allowed.
10. Let the applicant-Mukhtar 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.
11. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
12. 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/YK