Allahabad High Court
Akhilesh Pal vs State Of U.P. on 6 April, 2021
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- BAIL No. - 3287 of 2021 Applicant :- Akhilesh Pal Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
Heard the learned counsel for the applicant and the learned AGA for the State-respondent.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in this case. As per the version contained in the first information report, it is alleged that upon information received from an informant that certain persons involved on high-tech cyber fraud, are travelling in a car coming from Raebareli. Upon apprehending it was shown that from the applicant a lap-top alongwith a charger, eight block ATM Cards and five other block ATM Cards, out of which one related to the applicant was found alongwith Rs.10,000/= in cash. The submission is that the applicant belongs to a poor family and he works at a local liquor shop. Since the applicant did not oblige the police by free providing liquors, accordingly the applicant has been falsely framed.
It is further submitted that the applicant had borrowed a sum of rupees one lakh from one Rohit Pal who is the brother of the co-accused Rahul Pal. The applicant had borrowed the aforesaid amount for the purposes of constructing his house and Rohit Pal had withdrawn the aforesaid money from Bandhan Bank on 17.12.2020. It is further submitted that neither the ATM Cards or the machine or the alleged lap-top belongs to the applicant but a false recovery has been shown without any independent witness. It is further submitted that the applicant has explained the criminal history in paragraph-16 of the bail application wherein in all the cases the applicant has been enlarged on bail and moreso the applicant has been in jail since 18.12.2020.
Learned A.G.A. has opposed the prayer for bail, however, could not dispute the fact that in so far as the criminal history is concerned, the applicant has been enlarged on bail in all the seven cases as mentioned in the bail application.
Considering 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.
Let the applicant Akhilesh Pal involved in Case Crime No.876 of 2020, under Sections 420, 467, 468, 471/34 IPC and Sections 65, 66-C of I.T. Act, Police Station Lalganj, District Pratapgarh 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.
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.
(v) The applicant shall neither influence any witness nor tamper with any evidence after his release.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(viii) 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 :- 6.4.2021 ank