Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28128 of 2021 Applicant :- Shyam Narayan Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.,Mithilesh Kumar Tiwari,Narendra Kumar Pandey
Hon'ble Neeraj Tiwari,J.
Rejoinder affidavit filed today, is taken on record.
Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Ghanshyam Das Mishra, learned counsel for the applicant, learned A.G.A. for the State and Sri Mithilesh Kumar Tiwari along with Sri Narendra Kumar Pandey, learned counsel for the informant.
It is submitted by the learned counsel for the applicant that applicant is Pharmacist at CHC, Chaka and has been falsely implicated in the present case. In fact, earlier victim has taken certain amount from the applicant. Later on, victim has given a cheque dated 15.07.2017 to the applicant amounting to Rs. 13 lacs, therefore, the cheque was not encashed by the Bank as maximum limit of cheque is Rs. 10 lacs. When applicant started demanding the money back, he has been falsely implicated. It is next submitted that transaction of money between applicant and victim may be verified from different call records and whatsapp chats. Victim himself has criminal history of 18 cases whereas applicant has no criminal history. He is in jail since 18.06.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. as well as counsel for the informant has vehemently opposed the prayer but could not dispute about the facts of criminal history of applicant as well as victim.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Shyam Narayan Pandey, involved in Case Crime No. 322 of 2021, under Section- 364 I.P.C., Police Station- Colonelganj, District Prayagraj, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
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.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.8.2021 Arvind