1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.136 of 2020, under Sections 420, 406, 467, 468, 471, 504, 506 IPC lodged at Police Station Kumarganj, District Faizabad/Ayodhya.
It is alleged that the accused-applicant and co-accused opened a firm, LBRY Mutual Benefit Nidhi Limited; the accused-applicant used to introduce himself as Director of the Company; the accused-applicant and co-accused had allured many persons to make investment in the Company on the promise that they would be given a handsome return on the investment made; the complainant got interested and, made investment of Rs.21,50,000/- in the Company; however, neither any money was returned back nor interest etc. was given; when the complainant contacted the accused-applicant and co-accused, two cheques were issued for Rs.20 Lacs and 1.5 Lacs, which got dishonoured.
3. Learned counsel for the accused-applicant submits that the accused-applicant is ready and willing to deposit proportionate amount of Rs.12,00,000/- received from the complainant.
4. Considering the aforesaid submissions and the fact that the accused-applicant is ready and willing to pay Rs.12 Lacs to the complainant and, without commenting any further upon merit of the case, I find it to be a fit case for grant of bail.
5. Let applicant-Sarvesh Kumar, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant shall deposit Rs.12,00,000/- (Rupees twelve lacs only) with the trial court within a period of four weeks from the date of his release and the trial court, after due verification, shall disburse the said amount to the complainant. In case of failure to deposit the aforesaid amount within the said period, this order shall be deemed to be cancelled and, the accused-applicant shall be taken into custody forthwith.
(i-a) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
(Dinesh Kumar Singh, J.) Order Date :- 19.8.2021 prateek