High Court
Case Details
Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18996 of 2023 Applicant :- Alok Kumar Singh @ Mallu Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Krishna Kant Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. Learned A.G.A. for the State submits that instructions have been received and he has no objection in case the bail application is heard on merits.
Legal Reasoning
Heard learned counsel for the applicant, Sri Chandra Bhushan Prasad, learned counsel for the informant and learned A.G.A. for the State and perused the record. It is submitted by learned counsel for the applicant that the First Information Report has been lodged by the informant with the allegation that the informant and the co-accused, Akhilesh Kumar Singh, entered into an agreement for supply of coal as the co- accused, Akhilesh Kumar Singh was running a brick kiln since May, 2016. The supply was made only when the part payment was made and the amount of Rs. 73 lakhs were not paid and when the informant sent his Manager for collecting the dues they have abused and thereafter has not paid the amount. The allegation is that when the TIN number was verified by the informant, it was found to be registered in the name of two persons one is the applicant and another is the co-accused, Akhilesh Kumar Singh. Learned counsel for the applicant submits that a dispute is primarily of a civil nature. There is no ingredients of cheating or fraud during business transactions. The dispute arose between the parties that only part payment has been made. Learned counsel for the informant submits that on account of non- payment of amount despite supply of coal, the present First Information Report has been lodged. It is submitted that on verification of TIN number of the firm it was found to be registered in the name of two persons. Learned counsel for the informant does not dispute the fact that the transactions were negotiated with the co-accused, Akhilesh Kumar Singh. Only allegation against the applicant is that he was present when the transaction was being negotiated and subsequently he has become partner in the firm. On perusal of First Information Report it would demonstrate that the dispute primarily is of civil dispute for recovery of the unpaid amount. According to learned counsel for the applicant, there is a dispute with regard to rate and a part payment has already been made. Learned counsel for the informant could not show from the record criminality attached to the transaction. There is no previous criminal history of the applicant. Applicant is languishing in jail since 4.1.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail. It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court. 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 for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant. No material, facts or circumstances has been shown by learned AGA for the State 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. 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. 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. 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. Let the applicant-Alok Kumar Singh @ Mallu involved in Case Crime No. 102 of 2022, under Sections 504, 506, 409, 419, 420, 452, 467, 468 and 471 I.P.C., Police Station Mugalsaray, District Chandauli 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:- 1. The applicant will not tamper with the evidence during the trial. 2. The applicant will not pressurize/intimidate the prosecution witness. 3. 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. 4. 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. 5 . 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. 6. The applicant shall not leave India without the previous permission of the Court. 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 :- 28.4.2023 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad