Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42901 of 2021 Applicant :- Sunil Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Rupendra Kumar Mishra, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 205 of 2017, under Sections 420, 467, 468, 471, 120B IPC, Police Station Shahganj, District Agra, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged against the applicant and co-accused Vipnesh Kumar @ Tinku Yadav, Anuj Sachan and the officials of HDFC Bank, Sector 12 Padam Plaza, Agra with the allegation that the applicant along with co-accused with the help of the bank officials took forged loan from the bank for purchase of Hyundai Verna car. It is next contended by learned counsel for the applicant that the car was purchased by the co-accused Anuj Sachan, who applied for the loan. The role assigned to the applicant is to the effect that he introduced Anuj Sachan with the bank officials. It is next contended that the matter is under investigation and the charge sheet against any of the accused has not been filed. It is next contended that co-accused, who took the loan from the bank has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 3.4.2018 passed in Criminal Misc. Bail Application No. 39350 of 2017. The case of the applicant is on better footing than that of the co-accused and therefore, he is also entitled for bail. It is lastly contended that the applicant has no other criminal history. He is in jail since 12.08.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Sunil Kumar Yadav involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
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 :- 27.10.2021 Noman