Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49939 of 2021 Applicant :- Prempal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.
The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.499 of 2019, under Sections 406, 420, 467, 468, 471 IPC, registered at Police Station-C.B. Ganj, District-Bareilly, during pendency of trial.
As per prosecution case, the applicant inter-polated the revenue records to obtain loan under the provisions of K.C.C. It is urged that the applicant has been falsely implicated in the present case; the loan amount at Rs.10,000/- has been deposited and no dues certificate dated 04.09.2021 obtained from the bank. It is urged that the co-accused, namely, Ram Swaroop and Chandrapal Singh have already been granted bail by this co-ordinate Bench of this Court vide order dated 16.12.2021 and 20.12.2021 respectively in Criminal Misc. Bail Applications No.39387 of 2021 and 38395 of 2021. It is urged that the applicant is languishing in jail since 11.10.2021 and the applicant 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 him.
Per contra, learned AGA opposed the prayer for bail, however, does not dispute the fact.
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 and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Prempal Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 23.12.2021 SK Goswami (Suneet Kumar,J.)