Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17693
of 2019
Applicant :- Sachin Dutta
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla
Counsel for Opposite Party :- G.A.,Gyan Prakash(Senior Adv.)
Hon'ble Rajiv Joshi,J.
Heard Sri Anubhav Shukla, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 1405 of 2016, under Sections 120B, 383, 384, 408, 420, 423, 466, 467 I.P.C., P.S. Vijay Nagar, District Ghaziabad, is seeking enlargement on bail.
It was alleged in the F.I.R. that M/s. Balaji Hi-Tech Constructions Pvt. Ltd. constructed multi - storey residential flats under the name of Balaji Foster Heights in Ghaziabad. The said project was approved by Punjab National Bank, Ghaziabad, for sanction of housing loans. It was also alleged that the applicant- Sachin Dutta, is the Director of M/s. Balaji Hi-Tech Constructions Pvt. Ltd., in criminal conspiracy/connivance with accused allottees/borrowers cheated the said Bank by fraudulently obtaining housing loan in the name of allottees/borrowers on the basis of forged and fabricated documents and thereby caused loss to the complainant Bank. As per allegations, applicant swindled huge amount of money in connivance with other accused. He issued multiple allotment letters for the same single flat to different individuals and secured housing loans in the name of all such allottees.
It is submitted by learned counsel appearing for the applicant that the present F.I.R. has been lodged by one of the allottee namely, Rajneesh Agrwal. It is next submitted that the number of F.I.R.s have been lodged by different persons and some of them have been relegated by the C.B.I. to the State Authorities. In number of cases, applicant, having identical role, has been allowed on bail. The charge-sheet has been submitted in the matter. It is further submitted that the trial court took cognizance in the matter. It is also submitted that the applicant has annexed the order-sheet along with supplementary affidavit and placed reliance upon the judgment of Apex Court in the case of Dipak Shubhashchandra Mehta Vs. C.B.I. and another passed in Criminal Appeal No. 348 of 2012 arising out of S.L.P (Crl) No. 8995 of 2011. In paragraph 19 of the said judgment, Apex Court has held that in case Investigating Agency has completed the investigation and submitted charge- sheet including additional charge-sheet, the facts remains that the necessary charges have not been framed, therefore, presence of the appellant in custody may not be necessary for further investigation. The applicant is in jail since 10.03.2017. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Sachin Dutta, who is involved in aforesaid crime 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 will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 12.8.2021 Sweety