Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23473 of 2021 Applicant :- Ratan Vijay Vargi Opposite Party :- State of U.P.
Counsel for Applicant :- Pratik Chandra,Asha Parihar,Pradeep Chandra(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Pradeep Chandra, learned Senior Advocate assisted by Sri Pratik Chandra, learned counsel for the applicant, learned A.G.A. for the State, Sri A.K. Mishra, learned counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1889 of 2018, under Sections- 420, 406,409, 120B I.P.C., P.S. Kavinagar, District- Ghaziabad is seeking enlargement on bail during the trial.
Sri Pradeep Chandra, learned Senior Counsel for the applicant has submitted that the F.I.R. has been lodged against 10 persons alleging that they have taken huge amount of money from the investors for the purpose of investment in construction projects for getting good return. The money has not been returned. Learned counsel for the applicant has submitted that the applicant was not named in the F.I.R. Subsequently, his name has been surfaced during the investigating along with co- accused, Aditya Goyal, who is son of Awadhesh Goyal, one of the main accused. It is further contended that the co-accused Aditya Goyal, Mukul Garg have been enlarged on bail vide Criminal Misc. Bail Application No. 40534 of 2019 and 6223 of 2020 and the case of the applicant is on better footing than the co-accused persons, therefore, the applicant is entitled for bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is languishing in jail since 16.8.2020 having criminal history of four cases lodged by the investor almost similar ground.
The prayer for bail has been vehemently opposed by learned AGA as well as Sri A. K. Mishra, learned counsel for the informant and submits that the applicant was involved in the forgery and the main accused persons have transferred the money in the account of the applicant and as such, he is not entitled for bail.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Ratan Vijay Vargi who is involved in the aforesaid case crime number 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 12.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.13 10:02:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad