Allahabad High Court
Amar Deep Anand vs State Of U.P. on 4 December, 2019
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- BAIL No. - 5946 of 2018 Applicant :- Amar Deep Anand Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
Learned A.G.A. has filed the supplementary counter affidavit which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The applicant Amar Deep Anand has moved this bail application seeking bail in respect of his involvement in Case Crime No. 97 of 2017, under Sections 409, 420, 467, 468, 471 IPC, Police Station Pihani, District Hardoi.
The submission of the learned counsel for the applicant is that there is an enmity between the Branch Manager of the Aryavat Bank where the applicant had been posted as a cashier. Initially the Branch Manager had implicated the applicant in a false rape case on which he has been enlarged on bail and again in the year 2017 when he went to join thereafter the applicant was again implicated in this false case. The alleged incident in the First Information Report is said to have taken place between the year 2013 and 2014. but the First Information Report has been lodged on 09.05.2017 regarding financial embezzlement in the Bank.
It has further been submitted that the allegations are highly improbable as well as the fact that none of the depositors of the Bank have made any complaint rather it is only the Branch Manager who has got the First Information Report lodged only to harass the applicant. In view thereof, the applicant has been in Jail since 17.05.2018.
Learned A.G.A. has opposed the prayer for bail, however, he could not dispute the fact that there is no complaint from the depositors regarding any embezzlement. Considering the facts and circumstances as well as that the matter is yet to be tested in trial, coupled with the fact that the allegations as well as the severity of punishment as inflicted upon the applicant only upon his conviction and the material available on record and that the applicant is languishing in jail since 17.05.2018.
Considering the rival submissions of the learned counsel for the parties, material available on record as well as the totality of the facts and circumstances, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Amar Deep Anand involved in Case Crime No. 97 of 2017, under Sections 409, 420, 467, 468, 471 IPC, Police Station Pihani, District Hardoi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charges; and (c) recorded 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.
Order Date :- 4.12.2019 Asheesh