Allahabad High Court
Saurabh Pandey vs State Of U.P. on 17 January, 2024
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:8864 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52426 of 2023 Applicant :- Saurabh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.,Suraj Kumar Singh Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 121 of 2023, under sections 419, 420, 467, 468, 471 and 406 I.P.C., P.S. iliya, district-Chandauli.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that as per first information report, which was lodged against three persons, including applicant, the accused persons had duped the informant on the false pretext of providing job. He further submits that the applicant has not committed any cheat or fraud. The real ract is that the informant himself has committed forgery by preparing a fake joining letter of State Bank of India for the post of clerk in his name. He also submits that neither the applicant was the beneficiary nor he gained any illegal profit.
Learned counsel for the applicant further submits that the applicant is ready to deposit a sum of Rs. 45,000/- before releasing from the jail. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 25.9.2023 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant, namely, Saurabh Pandey, be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.
(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's 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 the applicant, 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 the applicant in accordance with law.
(v) The applicant shall deposit a sum of Rs. 45,000/- (Rs. forty five thousand) before the trial court before his release from the jail and the said amount shall be paid to the victim/informant.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
The bail application stands disposed of.
(Piyush Agrawal,J.) Order Date :- 17.1.2024 Faridul