Allahabad High Court
Ram Gopal Yadav vs State Of U.P. on 29 January, 2024
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:13822 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36232 of 2023 Applicant :- Ram Gopal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 206 of 2023, under Sections 419, 420, 406, 506 IPC, Police Station- Chauri Chaura, District - Gorakhpur.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the informant executed a sale deed on 25.4.2019 in favour of Indrawati Devi Chaudhary and on 25.5.2019 executed a sale deed in favour of Savitri Devi and got Rs. 28 lacs in her saving account. He further submitted that a promise has been made by the informant to the applicant that she wants to sell her land to the applicant in Rs. 25 lacs and in advance the applicant has given two cheques of Rs. 10 lacs and Rs. 9,50,000/- but in the year 2022 the informant refused to execute the sale deed in favour of the applicant. He further submits that on account of cheques being dishonoured the applicant was facing trial under N.I. Act. He further submits that the applicant is not concerned with the incident any how. He further submits that criminal history of the applicant has been explained in paragraph no. 13 of the application; no motive has been assigned to the applicant. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 6.7.2023 and the possibility of conclusion of trial in near future is very bleak.
Learned counsel for the applicant further submits that the applicant is ready and willing to deposit any amount to show his bona fide as determined by this Court. He further submits that on instructions a sum of Rs. 10,00,000/- can be deposited before release on bail.
Learned A.G.A. has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant, namely, Ram Gopal Yadav, be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.
(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's 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 the applicant, 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 the applicant in accordance with law.
(v) The applicant shall deposit a sum of Rs. 10,00,000/- (Rupees ten lac) before the trial court before release on bail.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
The application is disposed of.
Order Date :- 29.1.2024 samz (Piyush Agrawal, J.)