Allahabad High Court
Ramroshan Dinkar vs State Of U.P. on 15 December, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:237763 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53916 of 2023 Applicant :- Ramroshan Dinkar Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava,Mohammad Zakir Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Ashutosh Upadhyay, Advocate, has entered appearance and filed his Vakalatnama on behalf of the informant. The same is taken on record.
2. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State-opposite party, and Sri Ashutosh Upadhyay, learned counsel for the informant.
3. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 26 of 2021, under Sections 419, 420, 467, 468, 471, 409 I.P.C., Police Station Pailani, District Banda during the pendency of the trial.
4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged cheque bearing forged signature of the informant was issued in the year 2019. The applicant had earlier submitted an application against the informant for registration of first information report against the informant. By the order of the Additional Sessions Judge/ Special Judge (SC/ST Act), Banda dated 29.09.2020 the application of the applicant was registered as a complaint case. Thereafter, in counterblast to the said proceedings, the instant first information report has been lodged against the applicant. It is contended that the applicant had no knowledge whether the signature of the informant was genuine or not as the same was not signed in his presence. The application under Section 156 (3) Cr.P.C. for registration of the first information report was filed by the informant after a considerable period of time. There is no explanation for the same. Further, the fund withdrawn from the bank has been properly utilized by the institution, in this regard learned counsel for the applicant has placed reliance upon the report of the Assistant Engineer, District Rural Develop Agency, Banda dated 28.06.2021. The applicant is in jail since 26.10.2023 having no criminal history and if he is released on bail, he will not misuse the said liberty.
5. Learned Brief Holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the cheque was issued in the year 2019. The application by the informant was filed on 12.01.2021. The delay was not explained. Prior to the filing of the said application, the applicant had also filed an application under Section 156(3) Cr.P.C. for registration of the first information report against the informant. The fund withdrawn has been properly utilized by the institution as per the report of the Assistant Engineer, District Rural Develop Agency, Banda dated 28.06.2021. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost one and half month and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
7. Let the applicant- Ramroshan Dinkar, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 15.12.2023 SKT/-