Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12372 of 2021 Applicant :- Pawan Bhadauria Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Mishra,Shailendra Singh Rathore Counsel for Opposite Party :- G.A.,Akhil Kumar Shukla
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.277 of 2020, under Sections 420, 467, 468 I.P.C., Police Station Mohammadabad, District Farrukhabad.
Learned counsel for the applicant submits that according to the FIR version for employment in the FCI Department applicant and co-accused took Rs.8 lakhs from the informant and two other persons and when they asked the applicant and co- accused for appointment then both gave forged appointment letters and again took Rs.3 lakhs from the informant in the name of giving employment in Bal Vikas Evam Pushtahar on the post of clerk and applicant again gave forged appointment letter. Thereafter, when informant and other person complained about forged appointment letters and demanded their money back from applicant and co-accused then on 25.8.2018 applicant handed over a cheque no.000010 of HDFC bank amounting to Rs.11 lakhs which got bounced due to lack of money in the account and on several demands he made excuses. On 15.5.2019 a complaint was also made to the police concerned but in vain. He further submits that as per Annexure SA-1 applicant handed over a cheque of Rs.11,00,000/- which was dishonoured but it is not disclosed to which bank it was presented for the encashment and if applicant has handed over cheque then for the amount proper forum is available to the informant. He further submits that the applicant has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 25.11.2020.
Per contra, learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant by contending that applicant took Rs.8 lakhs for employment in the FCI department and also handed over a forged appointment letter and again took Rs.3 lakhs and handed over a forged appointment letter for appointment in Bal Vikas Evam Pushtahar as a clerk, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per FIR version a cheque was handed over to the brother of the informant by the applicant regarding which remedy is available at proper form, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 30.9.2021 m.a.