Allahabad High Court
Sumit Awasthi vs State Of U.P. on 12 May, 2022
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48001 of 2021 Applicant :- Sumit Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.,Malay Prasad Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Sri Malay Prasad, counsel for the informant and learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 52 of 2019, under Sections 406, 420, 467, 468, 471, 120B I.P.C., Police Station- Barra, District- Kanpur Nagar during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. The first information report has been lodged against the applicant and four others. As per prosecution case the applicant was a salesman of company namely, "Biomass Research Evam Technical Solution Pvt. Ltd. Kanpur". The applicant used to collect cheques and cash on behalf of the aforesaid company for the goods supplied by the company to its customers and used to tender receipts of deposits to the customers on behalf of the company. Later on, company was informed that money was not received. According to the prosecution, the money was deposited in the account of the firm i.e. Biomass Research Evam Technical Solution. The applicant is implicated in the instant case because of the internal business rivalry between the applicant and informant.
It is next contended that in a case of similar nature, the bail of the applicant was rejected by this Court in Criminal Misc. Bail Application No. 44705 of 2018 (Sumit Awasthi vs. State of U.P.) arising out of Case Crime No. 73 of 2015, under Sections 408, 420, 467, 468, 471 I.P.C. and 63 Copyright Act and 68/69 of Trade Mark Act, Police Station Kotwali, District Kanpur Nagar, the applicant approached the Hon'ble Supreme Court by filing Special Leave Petition (Criminal ) Diary No.12582 of 2020. The Hon'ble Court vide order dated 17.8.2021 granted bail to the applicant. Counsel for the applicant further submits that since in a similar matter the applicant has been enlarged on bail by Hon'ble Supreme Court, the applicant is also entitled for bail in the present case. It is further submitted that the applicant has also been granted bail by this Court in a case of similar nature i.e. Criminal Misc. Bail Application No. 45391 2020 vide order dated 30.11.2021 in Case Crime No. 0080 of 2016, under Sections 420, 467, 468, 471, 120-B, 408 and 411 I.P.C. The charge-sheet has already been submitted in the instant case and the applicant is no more required for the purpose of investigation. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. The applicant is in jail since 11.6.2015. In case he is enlarged on bail, he will not misuse the said liberty.
Learned AGA as well as counsel for the informant has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
After perusing the evidence presented and in the light of submission made by the counsel for applicant and after holistic consideration of the facts and circumstances of case, the period of sentence already undergone and the punishment prescribed under the alleged sections against the applicant, let the applicant, Sumit Awasthi involved in the aforesaid case be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the 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;
(iii) shall not pressurize the prosecution witnesses.
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 :- 12.5.2022 S.S.