Allahabad High Court
Suraj Singh @ Chotu vs State Of U.P. Thru. Prin. Secy. Home ... on 9 April, 2024
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:29050 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3959 of 2024 Applicant :- Suraj Singh @ Chotu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mrs.Suniti Sachan,Gangeshwar Pandey Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The instant application has been filed seeking bail inFIR/Case Crime No.0065/2024, under Sections 406, 420, 411 IPC, Police Station Gomti Nagar, District Lucknow.
3. The submission of the learned counsel for the applicant is that as per the version of the FIR wherein it has been alleged by the informant that her husband went to the ATM machine located near SBI Bank but due to some technicalities, there was no money so he went to the UCO Bank ATM Machine for withdrawal of cash. A person behind him took the card from him as a gesture of help and as there was no guard in the ATM cabin or outside room, the person fraudulently took the ATM card and left the place by giving his fake card to complainant's husband. Later her account was debited 14 times and a total of Rs.1,14,500/- was deducted from the account of the complainant.
4. At the outset, learned counsel for the applicant has submitted that the applicant is seeking parity with the co-accused namely Swapnil Singh, who has been granted bail by this Court by means of the order dated 02.04.2024 passed in Criminal Misc. Bail Application No.3682 of 2024. A copy of the aforesaid bail application has also been provided to the Court for its perusal, which is taken on record.
5. The learned counsel for the applicant submits that there is no such evidence which could prove the involvement of applicant in the commission of crime, the I.O. shows the false recovery from the applicant as well as the alleged ATM card was not recovered from him; the I.O. does not collect any CCTV footage of the concerned ATM Machine where the actual incident happened and could resolve the issue and also the applicant does not have any criminal history and he is languishing in Jail since 12.02.2024.
6. The submission is that the applicant is ready to follow the conditions as prescribed under the law. It is also submitted that there is no chance of tampering with the evidence or influence any witness. It is urged that applicant has criminal history of three cases in which the applicant has already been granted bail and the copies of the bail orders have been placed on record as Annexure No.3 respectively. In these facts and circumstances, it is prayed that the applicant may also be provided the benefit of bail granted to the co-accused.
7. The applicant is in jail since 12.02.2024 and all offences are triable by Magistrate.
8. Learned AGA has opposed the prayer for bail, however, could not dispute the aforesaid facts.
9. Noticing the role of the applicant with that of the co-accused who has been enlarged on bail and finding that similar allegations and alleged recovery from the present applicant has been shown without independent witness and considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
10. Let the applicant Suraj Singh alias Chotu involved in FIR/Case Crime No.0065/2024, under Sections 406, 420, 411 IPC, Police Station Gomti Nagar, District Lucknow be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
11. At the time of executing required sureties the following conditions shall be imposed in the interest of justice.
(i) 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.
(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 of the Indian Penal Code.
(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. 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.
(iv) 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.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.4.2024 ank