Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23590 of 2019 Applicant :- Nagesh Gond Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Niwash Yadav,Ram Pyare Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
The prosecution story in a nut shell is that the first informants namely Raju Yadav, Jitendra Chauhan and Radhey Shyam Chauhan are residents of village Shahpur Titiha, police Station Bheempura, district Ballia. The accused persons, namely, Manager Chauhan, Sonu Chauhan, Ajay Kumar Singh, Nagesh Gond (applicant), Sonu Ram have fled away along with Rs.3,50,000/- and passports of the first informants. The accused persons were running an office in the name and style of Lio Pillots in Ibrahimpatti. They provided forged and fabricated Air Tickets and Visa to the first informants. Similarly placed co- accused Sonu Kumar Ram has already been enlarged on bail vide order dated 31.1.2018 passed in Criminal Misc.Bail Application No.37502 of 2017, photo of the order has been annexed at page 32 of the paper book.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case on account of being servant of Lio Pillots Travels. No specific allegation has been assigned to the applicant, only a general allegation has been made against him. He has no concern with the fraud and forgery committed by the employees of the said travel agency.
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 has 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. It has also been submitted that the applicant is languishing in jail since 29.4.2019. The applicant has no other reported criminal antecedent.
Per contra,learned A.G.A. vehemently opposed the bail prayer of the applicant and submitted that the applicant is not entitled for indulgence.
Keeping in view the nature of offence, evidence, complicity of the accused, serverity of punishment and submissions of the learned counsel for the parties as well as the undertaking given by the applicant, I am of the view that the applicant should be granted bail.
Let the applicant Nagesh Gond involved in Case Crime No. 110 of 2017, under Sections 419, 420,467, 468, 471, 406 I.P.C. , Police Station Bheempura, District Ballia 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 and also subject to furnishing security other than cash or bank guarantee of Rs.3,00,000/- (Three Lac) before his release.
It is made clear that furnishing of aforesaid security by the applicant will not, in any way, prejudice the right/defence of the applicant during the trial of the case.
In case the applicant is acquitted in the present criminal case by the court of law, aforesaid security, if furnished by the applicant, shall be discharged in his favour.
(i) The applicant 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.
(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. In case of breach of any of the above conditions or in case of default in deposition of amount as directed herein above, the trial court will be at liberty to cancel the bail granted herein above and the applicant will be taken into custody immediately.
Order Date :- 6.6.2019 Rk