Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4315 of 2018 Applicant :- Sachin Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohd. Aslam, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Prosecution story is that the complainant lodged the first information report dated 22.10.2016 against the applicant alleging therein that the applicant had taken Rs. 6.5 lacs from him on the pretext for providing service to his son in the Irrigation Department and forged and fake appointment letter was given to the complainant, but his money was not returned by the applicant. It is further alleged that a huge amount of money has been misappropriated by the applicant fraudulently and dishonestly by committing fraud and forgery.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It is next contended that after the F.I.R. filed by the applicant against the complainant the present FIR was registered by the complainant against the applicant.I have perused the FIR of case crime no.232 dated 21.10.2015, under sections 420, 467, 468, 471 IPC, Police Station Beharigarh, District Saharanpur and the FIR in case crime no.776 dated 22.10.2016. P.S. Deoband, District Saharanpur. The contention of the learned counsel for the applicant is that other co-accused namely Sushil Kumar Jatav and Som Dutt Saini, who as alleged, are main accused in the present case are still at large and have not yet been arrested.It is further contended that there is no documentary evidence against the applicant that he has taken money from the complainant. Further there is no independent witness of the alleged incident. It has also been contended that nothing has been recovered from the possession of the applicant.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.10.2016. Apart from it the applicant has no other reported criminal antecedent.
Per contra, learned A.G.A. submitted that the money has been misappropriated by the applicant fraudulently and dishonestly by committing fraud and forgery and, therefore, he is not entitled for indulgence, and in case the applicant is released on bail, the amount in question be secured by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties as well as the undertaking given by the applicant and considering this aspect of the matter, I am of the view that the applicant should be granted bail and also subject to prior deposit of Rs. 2,00,000/- lacs by way of Fixed Deposit Receipt or as the case may be, in the court concerned (payable in court's name), to be invested in a nationalized bank and ultimately paid to the person concerned occasioned to wrongful loss on the satisfaction of court concerned within a period of one month from the date of his release.
Without expressing any opinion on the merits of the case, let the applicant Sachin Kumar involved in Case Crime No. 776 of 2016, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Deoband, District Saharanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(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.
It is made clear that furnishing of aforesaid security by the applicant will not, in any way, prejudice the right/defence of the applicant during the trial of the case.
In case the applicant is acquitted in the present criminal case by the court of law, aforesaid security, if furnished by the applicant, shall be discharged in his favour.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
In case of breach of any of the above conditions or in case of default in deposition of amount as directed herein above, the trial court will be at liberty to cancel the bail granted herein above and the applicant will be taken into custody immediately.
Order Date :- 30.3.2018 IA