Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19506 of 2021 Applicant :- Mustqeem Opposite Party :- State of U.P.
Counsel for Applicant :- Shivendra Raj Singhal,Dharmendra Singhal(Senior Adv.),Madhukar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Dharmendra Singhal, learned Senior Advocate assisted by Sri Shivendra Raj Singhal, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.161 of 2018, under Sections- 420 & 409 IPC, Police Station- Mandi, District- Saharanpur, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. As per the FIR, it is alleged that the applicant who is a contract worker in 22/11 K.V. Vidyut Upkendra Mandi Samiti Road, Saharanpur and collected the cash from the consumer for depositing their electricity bills, instead of depositing the electricity bills by cash, he made the deposit from his bank account in the form cheques and obtained the receipt of payment of bills which was subsequently dishonoured. It is also alleged in the FIR, there are 110 dishonoured cheques which were used in the transactions. It is further submitted that there is no complaint of any consumer in this regard. It is further submitted that from the statement of the consumers namely Afzal, Niyaz and Khurseed, it is apparent that they used to give cash to the persons sitting at the cash counter i.e. Computer Operation-Danish and Cashier namely Raj Kumar and used to deposit their bills. No allegation against the applicant for giving money has been levelled by any of the consumer. It is further submitted that there is bald allegations levelled against the applicant to the effect that 110 cheques were dishonoured although, no such evidence has been collected by the Investigating Officer during the investigation and even in the case diary, the alleged cheques were never dishonoured in fact, it was never presented. It is further submitted that the co- accused Danish who used to sit on the cash counter not the applicant who is merely a line man. It is further submitted that charge-sheet in the matter had already been submitted and the investigation against the applicant had already been completed. It is also submitted that offence is triable by Magistrate. The applicant is in jail since 10.1.2021 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Mustqeem who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 30.9.2021 Akbar