Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7174 of 2021 Applicant :- Vijay Dhummeriya Opposite Party :- State of U.P.
Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today on behalf of applicant is taken on record.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 272 of 2019, under Sections 420, 467, 468, 471 IPC, police station Babina, district Jhansi, during the pendency of trial.
It is submitted by the learned counsel for the applicant that main grievance of the informant is that on the persuasion of co- accused Rahul Agarwal, informant has issued a Cheque bearing No. 129612 dated 07.09.2019 of Rs. 1905/- of Punjab National Bank, Babina in favour of co-accused Shubham Jain, but the said cheque was interpolated by accused persons in collusion with each other and in place of Rs. 1905/- (rupees one thousand nine hundred five only), they have mentioned Rs. 4,80,000/- (rupees four lac eighty thousand only) on the said cheque and thereafter, it was presented in the account of present applicant Vijay Dhummeriya, which was encashed by the applicant also. As such, the accused persons in place of Rs. 1905/- had withdrawn Rs. 4,80,000/- from the account of the informant. Main substratum of argument of learned counsel for the applicant is that the applicant is employee of co-accused Rahul Agarwal. The aforesaid cheque in question was given by Rahul Agarwal and Shubham Jain to the applicant for encashment of the same and the applicant being the employee of co-accused Rahul Agarwal encashed the same and handed over the entire amount to co-accused Rahul Agarwal. It is also submitted by the learned counsel for the applicant that co-accused Rahul has already been granted bail by co-ordinate Bench of this Court vide order dated 05.12.2019 in Criminal Misc. Bail Application No. 54053 of 2019 and another co-accused Shubham Jain has also been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 15.11.2019 in Criminal Misc. Bail Application No. 48940 of 2019. It is next submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case by the co-accused Rahul Agarwal and Shubham Jain.
Learned counsel for the applicant states that the applicant is ready to deposit 50% out of disputed amount of Rs. 4,80,000/- (rupees four lac eighty thousand only), i.e. Rs. 2,40,000/- (rupees two lac forty thousand only) before the trial court under protest.
It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 02.11.2020. It is next submitted that charge sheet has been submitted in this case. It is also contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate submits that he has no objection if the court release the applicant on bail on the aforesaid condition.
Having considered the facts and circumstances of the case and further considering the submission of learned counsel for the applicant that the applicant is ready to deposit 50% out of disputed amount of cheque i.e. Rs. 2,80,000/-(rupees one lac forty five thousand only) before the trial court under protest, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled to be released on bail. Hence, the bail application is allowed.
Let the applicant, Vijay Dhummeriya, 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 subject to the following conditions:-
(i). The applicant shall deposit an amount of Rs. 2,80,000/- (rupees two lac eighty thousand only), by way of demand draft in the name of trial court, before his release on bail.
(ii) The aforesaid amount so deposited by the applicant shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the culmination of trial. The deposit so made, shall be subject to final decision of the trial.
(iii) The applicant shall file an undertaking to the effect that he 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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(viii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(ix) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 5.4.2021 Sazia