Allahabad High Court
Surajpal Singh vs State Of U.P. on 11 January, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59113 of 2022 Applicant :- Surajpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 98 of 2017 at Police Station Chhajlet, District Moradabad under Sections 420, 406 I.P.C.
The bail application of the applicant was rejected by learned trial court on 29.11.2022.
The following arguments made by Shri Surendra Narayan Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has not been nominated as a director of the company in the F.I.R.
(2). The applicant was nominated in the statement of a co-accused made before the police authorities. The said statement insofar as it implicates the applicant is not admissible in evidence.
(3). Four persons have been nominated as the directors and senior functionaries of the company in the F.I.R.
(4). The F.I.R. has been lodged by an agent of the company who was fully aware of the names of the directors and senior functionaries who are responsible for the day to day functioning of the company.
(5). The applicant was a low level functionary working on a small salary in the company.
(6). The applicant is not a beneficiary of any transaction.
(7). The applicant did not cheat or dupe the investors and did not induce them to make the investments.
(8) The role of the applicant is distinguishable from the four directors of the company who have been nominated in the F.I.R.
(9). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a solitary case only to show the proficiency of the police investigators. The said case does not have any bearing on the instant bail application.
(10). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Surajpal Singh 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 below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 11.1.2023 Dhananjai