Allahabad High Court
Prashant Kumar Bajpai ( Second Bail ) vs State Of U.P. on 19 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 32 Case :- BAIL No. - 1860 of 2020 Applicant :- Prashant Kumar Bajpai ( Second Bail ) Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Supplementary affidavit filed by the applicant is taken on record.
Heard Shri Sushil Kumar Mishra, learned counsel for applicant as well as Shri Arun Kumar Pandey, learned A.G.A. for the State and perused the record.
This Second bail application has been moved by the accused-applicant/Prashant Kumar Bajpai for grant of bail, in Case Crime No. 485 of 2007, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Pali, District Hardoi during pendency of the trial, as his first bail application was rejected by this Court vide order dated 24.04.2019 passed in Bail No. 1143 of 2019.
Learned counsel for applicant while pressing the bail application submits that the applicant has falsely been implicated in the instant case, he has not made any forgery and embezzlement of any kind as claimed by the prosecution.
It is further submitted that applicant was himself missing since the year 2007 and a missing report pertaining to that was filed at P.S. Pali, District Hardoi and, therefore, it is highly improbable for him to commit the offence as alleged by the prosecution.
It is further submitted that aggrieved party is Shashi Kant Bajpai and no First Information Report has been filed by him and on the basis of false facts, an F.I.R. has been filed by the Post Office Officers, which could not be believed in the facts and circumstances of the case.
It is further submitted that since the rejection of the first bail application on 24.04.2019 till now, examination-in-chief of only one witness has been recorded and, therefore, the direction of this Court to conclude the trial expeditiously, if possible, within six months has not been complied by the trial Court and in all probability the trial is bound to consume much time and the applicant is languishing in jail in this matter since 04.10.2018.
By referring to Para No.2 to 4 of supplementary affidavit dated 17.06.2020, it is submitted that to show his bonafide, without admitting his guilt the applicant is voluntarily depositing a demand draft of Rs. 2,75,000/- which has been prepared in favour of the alleged victim of the crime, namely Shashi Kant Bajpai and the same may be handed over to him.
It is further submitted that there is no apprehension that after being released on bail, he may flee from the course of law or will otherwise misuse the liberty of bail and he is not in a position to influence the prosecution witnesses.
Learned A.G.A, however, opposes the prayer of bail of the applicant on the ground that the applicant has committed heinous offence and he is not entitled to be released on bail. All offences are triable by Magistrate.
Having regard to all the circumstances and keeping in view the nature of offence, evidence in support of accusation, complicity of accused, without expressing any opinion on the merits of the case, I am of the considered view that the applicant has made out a case for bail. The bail application is thus allowed.
Let the accused-applicant/Prashant Kumar Bajpai involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties of heavy amount to the satisfaction of the court concerned subject to following conditions:-
(i) Applicant along with a copy of this order will deposit the Demand Draft prepared in favour of victim of the crime, namely Shashi Kant Bajpai and the trial Court or the Chief Judicial Magistrate, Hardoi on receiving the demand draft will issue a communication to Shri Shashi Kant Bajpai, and on his appearance will hand over the demand draft to him after his due identification. Deposit of Demand Draft of Rs. 2,75,000/- drawn in favour of victim of alleged crime i.e. Shashi Kant Bajpai shall be a condition precedent before releasing the applicant on bail.
(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(v) The applicant may file computer generated copy of this order, self attested by his counsel, which may be downloaded from the official website of High Court Allahabad.
(vi) The concerned Court/Authority/Official before accepting such computerized copy as genuine shall verify the authenticity of the order from the official website of High Court Allahabad.
(vii) Office is also directed to send a computerized copy of this order to the District Judge Concerned through email or fax as the case may be, forthwith.
Observations made by this Court herein above are only for the purpose of disposal of this bail application and will not having any bearing on the final outcome of the case.
Order Date :- 19.6.2020 Praveen