Heard Sri Ram Naresh Yadav, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 0622 of 2019, under Sections 420, 406, 467, 468, 471 & 120B I.P.C., Police Station Gomti Nagar, District Lucknow.
Learned counsel for the applicant submits the as per the prosecution version as alleged in the F.I.R. is that the applicant had applied for loan from the branch of Vipulkhand Gomti Nagar of Punjab National Bank for purchasing Mahindra TUV T-1 on the basis of sale invoice issued by M/s Narayan Automobiles. The bank had issued a demand draft bearing demand draft no. 514174 amounting to Rs. 6,26,868/- in favour of M/s Narayan Automobiles and the amount credited in A/c No. 5318201000127 of Canara Bank. Thereafter, registration certificate of the vehicle bearing No. UP32HT4670 which was purchased by the applicant was also submitted to the Bank by the applicant along with several other persons namely Hasan Naved, Mohd. Naki, Akhilesh Tiwari etc. who have also taken loan for purchase of vehicles.
He further submits that the prosecution has alleged that the applicant including all the debtors who were on the same footing had made default in payment of installments, therefore, their account became NPA and during recovery process it was came into knowledge of the informant that the copies of documents i.e. sale invoices issued by concerned sales agencies and registration certificates issued by RTO were forged and all the debtors have get their loans sanctioned only to grab the money on the basis of forged documents before the Bank. Learned counsel for the applicant further submits that whereas the bank had sanctioned loan of Rs. 6,26,868/ in favour of applicant after conducting proper enquiry of documents and physical inspection of vehicle. He further submits that the payment of installments with regard to the car loan was regularly being paid by the applicant without any fault. He further argued that the applicant due to his poor financial condition did not make some installments and for which he orally requested to the officers of the Bank but they misbehaved with him and retract the vehicle of the applicant from his possession. It is pertinent to mention here that the complainant was demanding extra amount from the applicant to adjourn the recovery of the installments but the applicant did not do so, therefore, the present FIR was lodged against him in collusion with the police of concerned police station. Hence, the applicant is entitled to be enlarged on bail during the pendency of trial. The entire prosecution story on the face of record cannot be believed as the loan by the bank can only be sanctioned after due verification of invoice and other documents, in this regard, after physical and oral verification from the agency from where the vehicle is being taken, therefore, the entire prosecution story as alleged is based on surmises and conjectures.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It has also been pointed out that the accused is not having any criminal history and he is in jail since 15.06.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
I have considered the arguments advanced by the learned counsel for the parties and have gone through the record.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Mumtaz Shah involved in Case Crime No. 0622 of 2019, under Sections 420, 406, 467, 468, 471 & 120B I.P.C., Police Station Gomti Nagar, District Lucknow, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(iii) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(iv) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(vii) 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 It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 19.8.2021 SA