Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43699 of 2019 Applicant :- Parmanand Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi,Prabhat Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard learned counsel for the parties and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during the trial in connection with Crime No.1296 of 2017 under Sections 419, 420, 467, 468, 471 of IPC, Police Station Cantt., District Gorakhpur.
As per prosecution case, the applicant introduced himself as Rohit Rastogi and got opened an account in the name of Rohit Rastogi in Bank of Maharashtra, affixing his own photograph on the application form. Further case of prosecution is that the applicant has annexed forged documents, i.e. PAN Card and Voter ID Card of Rohit Rastogi. It is said that certain transactions were also made from the Bank by the applicant in the name of Rohit Rastogi.
Counsel for the applicant submits that all the transactions have been cleared by the Bank and thus, the applicant cannot be held responsible for any such transaction. He further submits that the offence in question, is triable by Magistrate; the applicant is in jail since 5.3.2019 and, therefore, he be released on bail.
On the other hand, while opposing the bail application, it has been argued by learned counsel for the State that very serious crime has been committed by the applicant and he is not entitled for bail.
Considering the nature of allegations against the applicant, I am not inclined to release the applicant on bail. His bail application is, accordingly, rejected. However, considering the detention period of the applicant, the trial court is directed to expedite the trial and make all endeavour to conclude the same within one year from the next date of recording evidence. If charge has not been framed till date, the trial Court shall proceed in accordance with law. The applicant would be entitled to revive his bail application after recording the evidence of main witnesses.
Order Date :- 28.11.2019 RKK/-