Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14598 of 2021 Applicant :- Shivveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Akash Mishra, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. This bail application has been filed by applicant-Shivveer Singh seeking his enlargement on bail in Case Crime No.242 of 2020 under Sections 406, 420, 467, 468, 471, 170, 171, 494 I.P.C., Police Station-Naubasta, District-Kanpur Nagar, during pendency of trial.
4. It transpires from record that an F.I.R. dated 18.04.2020 was lodged by first informant, Amit Kumar and was registered as Case Crime No.242 of 2020 under Sections 406, 420, 467, 468, 471, 170, 171, 494 I.P.C., Police Station-Naubasta, District- Kanpur Nagar. In the aforesaid F.I.R., present applicant has been nominated as solitary named accused.
5. According to the prosecution story as unfolded in the F.I.R., it is alleged that applicant had mis-represented to the first informant by submitting that he himself is working in Indian Armay and he shall arrange a departmental job for the first informant in the Indian Army. In this connection, applicant is alleged to have taken 10,000/- from the first informant. However, the first informant neither got a job in Indian Army nor the aforesaid money, which was paid by informant to the applicant, was returned to him.
6. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is in jail since 19.04.2020. It is then contended that present criminal proceedings have been engineered maliciously for falsely prosecuting the applicant in above mentioned case crime number. Learned counsel for applicant has invited that attention of the Court to the statement of first informant which is on record at page 21A to the present application. On the aforesaid premise it is urged that first informant has himself submitted that various other persons have also given money to applicant for securing their job in the Indian Army. However, no one else have lodged F.I.R. He lastly contends that none of ingredients of charging Sections are satisfied in the present case. On the aforesaid factual premise, it is thus urged that present criminal proceedings initiated by first informant being malicious, therefore, present applicant is liable to be enlarged on bail by this court
7. Per contra, learned A.G.A. has opposed the present application. However, he could not dispute the factual and legal submissions urged by learned counsel for applicant.
8. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail.
9. Accordingly bail application is allowed.
10. Let the applicant- Shivveer Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
11. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
12. 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.4.2021 YK