Allahabad High Court
Anil Singh @ Anil Kumar Singh vs State Of U.P. on 9 February, 2021
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- BAIL No. - 10822 of 2020 Applicant :- Anil Singh @ Anil Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Misra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.585 of 2019, under Sections 34, 419, 420, 467, 468, 471, 427, 447 and 506 IPC, Police Station P.G.I., District Lucknow.
Accused-applicant is not named in the FIR. FIR came to be registered on allegation that several persons, including the present accused-applicant, named in the FIR had been selling the land of the Math, i.e. Akhil Bhartiya Udaseen Sangat, Thakur Ji Maharaj Virajman Thakur illegally and fraudulently by impersonation etc. The Math has some land near SGPGIMS, Lucknow and when the complainant, who claims to be the Sarvarakr/Manager, was securing that land by erecting boundary wall, the accused named in the FIR came there and assaulted the workers and demolished the boundary wall as well as fired some shots and threatened the complainant.
It is important to note here that the accused-applicant has not been named in the FIR as one of the persons, who came to demolish the boundary wall. There are other allegations regarding fraud, forgery, impersonation etc. The same allegation of fraud, forgery are the subject matter of another FIR No.584 of 2019 registered on the same day in the morning. The accused-applicant has been made accused in the present FIR also.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the fact that the accused-applicant has already been granted bail in the earlier FIR, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Anil Singh @ Anil Kumar Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The accused-applicant will not try to commit any forgery, fraud etc. in respect of the land of the Math and neither he will try to dispose it of in any manner. In case it comes to notice that he has tried to dispose of or he has disposed of the land/properties of the Math in any manner, this order granting him bail is likely to be cancelled.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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 self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and 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 :- 9.2.2021 Rao/-