Allahabad High Court
Girish Gandhi vs State Of U.P. on 11 August, 2022
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26713 of 2022 Applicant :- Girish Gandhi Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A, Rohit Shukla Hon'ble Siddharth,J.
Heard Sri Vijay Pratap Singh, learned counsel for the applicant, Sri Rohit Shukla, learned counsel for the informant and learned A.G.A for the State.
There is allegation in the FIR that the informant entered into franchise agreement with the accused person. The terms and conditions are alleged to have been violated by the accused persons. The allegations of cheating, criminal breach of trust and threatening have been made against the accused person in the FIR.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is languishing in jail since 18.05.2022 in this case. He has criminal history of two cases which has been explained in affidavit filed in support of the bail application. It has further been submitted that co-accused, Ajay Kumar Sharma @ Ankur @ Sonu @ Chotu, has been granted interim bail by the Hon'ble Supreme Court. The applicant has been implicated in cases of similar nature of 11 cases.
Counsel for the informant has vehemently opposed the bail application of the applicant along with learned A.G.A but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Girish Gandhi, involved in Case Crime No. 685 of 2020, under Sections- 406, 420, 467, 468, 471, 506 IPC, Police Station- Vrindavan, District- Mathura, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.8.2022 Rohit