Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44099 of 2021 Applicant :- Sushil Chandra Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gunjan Jadwani Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Mr. Rahul Sripat, learned Senior counsel assisted by Mrs. Gunjan Jadwani, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 15 of 2021, under Sections 420, 409, 504, 506 I.P.C., P.S. Kotwali Nagar, District Banda is seeking enlargement on bail.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. As per the FIR, there were some business transactions between the applicant/ M/s Awasthi Traders and the known persons of the informant, for which some of money is alleged to be outstanding against the applicant and co-accused. It is also submitted that it is a business transaction and the remedy if any, is available to the informant or other persons, who invested with the firm is to file the suit for recovery of money. It is further submitted that charge-sheet in the matter has already been filed against the applicant on 4.10.2021, and the applicant is not required for any further investigation. Final report has been submitted against the co-accused namely, Virendra Kumar Sakshi, on the similar allegation/evidence. The offence is triable by Magistrate. Applicant is of no criminal antecedents as stated in paragraph no. 47 to the affidavit filed in support of the bail application and is languishing in jail since 14.9.2021. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Sushil Chandra Awasthi who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 25.10.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.10.25 14:03:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad