Allahabad High Court
Chandra Kumar Pandey vs State Of U.P. on 1 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4413 of 2023 Applicant :- Chandra Kumar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Vishvajeet Pandey,Harishchandra Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard Sri Harishchandra Dubey, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned Brief Holder, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.837 of 2022, under Sections 406,419,420,467,468, 471 and 120-B IPC, Police Station Kotwali Deoria, District Deoria during pendency of the trial.
According to the FIR, applicant along with 11 others took a loan from Canara Bank for purchasing of three wheeler auto and when applicant and others failed to repay the loan then after enquiry it was revealed that on the basis of forged certificate applicant and other co-accused persons including Ashok Chauhan anyhow procured the loan from the Bank.
Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant did not even apply for any loan. He further submitted that applicant purchased a second hand three wheeler from co-accused Ashok Chauhan and Ashok is the person, who on the basis of forged RC, procured the loan amount in the loan account of applicant and thereafter through UTI entire loan amount was transferred in his account and applicant was not involved in any fraud and cheating. He further submits that as per allegation made in the FIR prime accused is co-accused Ashok Chauhan and he has already been released on bail vide order dated 22.9.2021 passed in Criminal Misc. Anticipatory Bail Application U/s 438 No.13981 of 2021 and his bail order has been annexed as Annexure-3 to the affidavit filed in support of the present bail application.
He further submits that co-accused Gopal Shukla and Deena Nath Tiwari, who were also named in the FIR, were also, as per allegation, took the loan for their auto from the Bank, have already been released on bail and bail order of co-accused Gopal Shukla has been annexed as Annexure-4 to the affidavit filed in support of the present bail application and during the course of argument he also produced the bail order of co-accused Dinanath Tiwari dated 15.2.2023 passed in Criminal Misc.Bail Application No. 2350 of 2023 which is taken on record.
Applicant is not having any criminal history and he is in jail in the present matter since 17.10.2022.
Per contra, learned AGA although opposed the prayerfor bail but could not dispute the fact that prime accused Ashok Chauhan has been released on bail and two other co-accused Dinanath Tiwari and Gopal Shukla also have already been released on bail by the Coordinate Benches of this Court and case of applicant is also at par with them.
I have heard learned counsel for the parties and perused the record of the case.
Although there is allegation against the applicant and other co-accused persons that they on the basis of forged documents procured loan from the Bank for Three Wheeler Auto but from the perusal of the FIR it appears that prime accused in the present case was Ashok Chauhan and entire money was subsequently transferred in his account and he is the person, who procured the entire loan on the basis of forged RC and he already been released on bail.
Further, co-accused Gopal Shukla and Dinanath Tiwari, who were also named in the FIR and against them there was also allegation that they took the loan along with applicant for auto have also been released on bail by the Coordinate Benches of this Court.
Applicant is not having any criminal history and in the present matter he is in jail since 17.10.2022, therefore, in view of the discussions made above, in my view, applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant-Chandra Kumar Pandey be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 1.3.2023 SKM