Allahabad High Court
Vishal Nagar vs State Of U.P. on 25 March, 2021
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7881 of 2021 Applicant :- Vishal Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Singh,Kartikeya Bhargava Counsel for Opposite Party :- G.A.,Brajesh Kumar Singh Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. as well as learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 2676 of 2018, under Section 420, 467, 468, 471, 504, 506 IPC.
Learned counsel for the applicant submits that as per FIR version, applicant took Rs. 17.20.000/- from the informant for admission of his son in MBBS. He further submits that as per para 16 of the affidavit filed in support of bail application, upto 21.11.2020, the applicant has paid Rs.20,13,000/- to the informant through bank account. He also submits that in the FIR it has not been clarified that in which college and on which date and time admission was to be taken. He next submits that the applicant has taken family loan from the informant, which has been paid by the applicant. He also submits that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail and the applicants are languishing in jail since 30.10.2020.
Per contra, learned A.G.A.and learned counsel for the informant have opposed the bail prayer of the applicant. Learned counsel for the informant submits that forged marks sheet was given by the applicant and mobile number messages were also sent to the informant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, Bank details with regard to refund of money and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vishal Nagar 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 applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them 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 of cancellation of bail.
Order Date :- 25.3.2021 MAA/-