Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23411 of 2021 Applicant :- Vikas Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Ansar Ahmad
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, Mr. Ansar Ahmad, learned counsel for the informant, learned AGA for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 56 of 2021, under Sections 120B, 406, 419, 420, 467, 468, 471 IPC Police Station Saifai, District Etawah.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on false facts. It is further submitted that the land of the informant was acquired for NH-2 in the year 2012 which was fully in the knowledge of the informant in-spite of that he has executed the sale deed of the said acquired land to the name of applicant. On the one hand the informant has executed the sale deed of the acquired land for which he was not entitled at all and taken the consideration amount from the vendee and on the other hand he has also taken the compensation amount in collusion of the bank employee. It is further submitted that account No. 000611002103415 has been opened by informant in District Cooperative Bank Ltd Branch Saifai District Etawah and from the statement of said account of informant on 23.12.2020 Rs. 15,00,000/- and on 24.12.2020 Rs. 5,00,000/- has been transferred in the account of applicant which is annexed in annexure No. 7 to the bail application. After awaring about the transfer of the amount in the account of the applicant, the applicant deposited the entire amount in the same account of informant. Statement of the account of informant clearly indicates that on 24.3.2021 Rs.9,00,000/- and on 9.3.2021 Rs. 10,00,000/- and on 24.3.2021 again it was transferred from the account of Yogesh Rs. 1,00,000/- in the account of informant, therefore the applicant has deposited Rs. 20,00,000/- in the account from where the amount was transfer in the account of applicant. It is also contended by learned counsel for the applicant that once the amount has already been deposited by the applicant in the account of informant, therefore, nothing remains in the present controversy, therefore in any view of the manner no case is made out under section 419, 420, 467, 471, 120B I.P.C. at all.
On the other hand, learned A.G.A. and learned counsel for the informant opposes the application for bail. Learned counsel for the informant submits that amount which is mentioned in the paragraph Nos. 18,19 & 20 of the bail application neither came in the account of informant nor informant opened the aforesaid account nor operated.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Vikas Babu, who is involved in aforementioned case 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.
(i) The applicant shall file an undertaking to the effect that he 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 counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(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., 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, 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 him 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
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 :- 22.9.2021 SY Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.09.22 13:59:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad