Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25237 of 2021 Applicant :- Veer Singh Opposite Party :- State Of U.P Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- Punya Sheel Pandey
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State are present although in the cause list name of Punya Sheel Pandey is printed but there is no Vakalatnama of Sri Punya Sheel Pandey on record however, it is mentioned in the order- sheet that during period of 2021 a short time for filing.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 077 of 2021, under Sections 420, 467, 468, 471, 120B, 504, 506 I.P.C., Police Station Chhata, District Mathura.
Learned counsel for the applicant submits that according to the FIR version on 20th October, 2016 Srichand, Dinesh and Veer Singh agreed to sell the land in favour of the informant for a sum of Rs. 22,00,000/- and in advance Rs. 2,00,000/- was paid. He submits that through RTGS on 5th February, 2018 Rs. 20,00,000/- was transferred in the account of Srichand and sale deed of another land was executed on 6th February, 2018 and name was also mutated and possession was handed over to the transferee then informant came to know that on 27th November, 2017 Srichand already had sold the property in favour of the Jaipal. He submits that deal was made on 20th October, 2016 and Rs. 2,00000/- was paid and thereafter on 5th February, 2018 Rs. 20,00000/- were transferred in his absence and applicant has no role and he is languishing in jail since 19.05.2021 and applicant has a criminal history of one case in which he has been acquitted in the year 2020 which has been explained in Paragraph- 9 of the affidavit. 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.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, money transferred to Srichand and as per allegations role of applicant, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Veer 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.
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.
Order Date :- 23.9.2021 Israr Digitally signed by Justice Ali Zamin Date: 2021.10.05 16:36:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad