Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14464 of 2021 Applicant :- Upendra Singh @ Indal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Gupta,Amresh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Pankaj Kumar Gupta, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant seeking his enlargement on bail under added sections namely 467, 468, 471 120B IPC and Sections 66/66D IT Act, Police Station-Cyber Crime Police, District Gorakhpur in Case Crime No. 06 of 2020.
At the very outset, learned counsel for applicant upendra Singh @ Indal Singh contends that an F.I.R. dated 15.11.2020 was lodged by first informant Devilal and was registered as Case Crime No. 06 of 2020, under sections 419, 420 IPC and 66 I.T. (Amendement) Act, 2008, Police Station- Cyber Crime Police, District Gorakhpur. In the aforesaid F.I.R. an unknown person has been nominated as accused. Applicant has been enlarged on bail in above mentioned case crime number vide order dated 12.2.2021, passed by this Court. For ready reference order dated dated 12.2.2021 is reproduced hereinunder:
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.06 of 2020, under Sections 419, 420 IPC & Section 66 of Information Technology (Amendment) Act, 2008 Police Station Cyber Crime Police, District Gorakhpur.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. He further submits that according to the F.I.R. version, in the account of applicant Rs.1,50,000/- was debited from the account of informant but at the time of incident applicant was in jail and on the basis of confessional statement, he has been implicated in the present case. He further submits that no any amount has been transferred to the account of applicant and there is no evidence to link the applicant to the present case. He further also submits that the co-accused Krishna Nandean Pandey has been granted bail by co-ordinate Bench of this Court vide order dated 10.02.2021 in Criminal Misc. Bail Application No.8943 of 2021 therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 24.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co-accused has already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence and enlargement of co-accused on bail, the applicant is entitled for bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Upendra Singh @ Indal Singh involved in aforesaid case crime be released on bail on his/her 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. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. "
Subsequent to aforesaid order 12.2.2021, sections 467, 468, 471 120B IPC and Section 66/66D IT Act have been added. Consequently, applicant has filed present application for bail praying therein that he be enlarged on bail under the added sections. Learned counsel for applicant contends that since applicant has already enlarged on bail by this Court in aforesaid case crime number, interest of justice requires bail be extended to applicant under the added sections also.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, she could not dispute the factual and legal submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of the material brought on record as well as complicity of applicant and accusation made but without making any comment on the merits of the case, I find that applicant has made out a case for bail. Accordigly bail application is allowed.
Let the applicant -Upendra Singh @ Indal Singh, involved in Case Crime No. 06 of 2020, under sections 467, 468, 471 120B IPC and Sections 66/66D IT Act, Police Station-Cyber Crime Police, District Gorakhpur, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 7.4.2021 Arshad