Allahabad High Court
Shailendra Kumar Singh @ Patel vs State Of U.P. on 11 May, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21382 of 2019 Applicant :- Shailendra Kumar Singh @ Patel Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Saxena Counsel for Opposite Party :- G.A.,Subhash Chandra Tiwari Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Prashant Kumar, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shailendra Kumar Singh @ Patel with a prayer to release him on bail in Case Crime No. 258 of 2018, under Sections 406, 420, 467, 468, 471 IPC, Police Station- Akbarpur, District- Kanpur Dehat, during pendency of trial.
In the affidavit accompanying the present bail application, it has been stated on behalf of the applicant that the present first information report has been lodged by the complainant against four accused persons including the applicant through application under section 156(3) Cr.P.C. with the allegation that the accused persons had taken money to the tune of Rs. 26 lacs on the pretext that they will manage job to the complainant and three others but neither they gave the job nor the said money has been returned to the complainant, therefore, the present complaint has been filed. It is next stated that the applicant is innocent and has been falsely implicated in the present case on account of some rivalry between the Manager of the college in question and the complainant. It is next stated that the complainant himself has been found to be accused and the charge sheet has been filed against the complainant, the said fact has been stated in paragraph no.11 to the affidavit accompanying the bail application. It is next stated that there is nothing on record to prove as to how the alleged money has been given to the applicant. It is next stated that aggrieved by the present F.I.R., the other co-accused persons had approached before this Court by means of Application U/s 482 Cr.P.C. No. 20306 of 2019, wherein the proceedings has been stayed by the co-ordinate Bench of this Court. It is next stated that the applicant has no criminal history except the present one and he is languishing in jail since 25.01.2019. It is lastly stated that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail the applicant shall not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Seeing the period of detention of the applicant for the alleged offence and considering the material/evidence brought on record, complicity of the accused, severity of punishment, as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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.
(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 him in accordance with law.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(viii) If under orders of the Government any interim bail is granted to the applicant, then this order shall come into force only after completion of the period of the interim release aforesaid.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.
The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Order Date :- 11.5.2020 JK Yadav