High Court
Case Details
Neutral Citation No. - 2023:AHC:137277 Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18953 of 2023
Legal Reasoning
Applicant :- Akhilesh Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Tiwari,Ashok Kumar Singh,Pratibha Singh,Shiva Kant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2A. Supplementary affidavit and counter affidavit filed today are taken on record. 3. It is submitted by learned counsel for the applicant that the dispute in the present case is with regard to an amount of Rs.9 lacs. This Court on 18.5.2023 has passed the following order:- "Learned counsel for the applicant submits that the amount in dispute is about Rs. 9 lakhs of which the applicant at present is ready to deposit Rs. 3 lakhs in order to show his bona fide with regard to returning of the amount. Learned counsel for the applicant further submits that the remaining amount would be paid by the applicant within one month from the date of the release. Considering the submission made by learned counsel for the applicant, it is hereby provided that the applicant may deposit Rs. 3 lakhs within a week before the court below. In case, the aforesaid amount is deposited, the same shall be kept as fixed deposit in a nationalized bank bearing interest. List on 26.5.2023." 3A. In pursuance to the aforesaid order, learned counsel for the applicant submits that the applicant has deposited Rs.3 lacs before the court below. He further submits that the applicant will deposit Rs.3 lacs within one month from the date of release on bail and thereafter, in the next month another Rs.3 lacs would be deposited before the court below. The applicant has no criminal history. Applicant is languishing in jail since 29.3.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 3B. In case the aforesaid amount is deposited, the same would be kept in a fixed deposit bearing interest subject to the release of the same to the claimant after the completion of the trial proceedings. 4. Learned A.G.A. for the State submits that he would have no objection in case the applicant is ready to deposit the disputed amount. 5. Learned AGA has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail. 6. It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court. 7. The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the Applicant. 8. No material, facts or circumstances has been shown by learned AGA that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 9. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State. 10. Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State. 11. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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. 12. Let the applicant Akhilesh involved in Case Crime No.280 of 2022, under Sections 420, 406, 504 I.P.C., Police Station Pawai, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. viii. The applicant shall as per the undertaking deposit a sum of Rs.3 lacs on or before 31st August, 2023 and the remaining amount of Rs.3 lacs on or before 30th September, 2023. The applicant shall appear before the court concerned on or before 1st September, 2023 and 1st October, 2023 respectively. In case the aforesaid amount is not deposited, the concerned court shall take coercive measures against the applicant. 13. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.7.2023 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad