High Court
Case Details
Neutral Citation No. - 2025:AHC:78509 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34861 of 2023 Applicant :- Purushottam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Upadhyay,Brajesh Kumar Chaturvedi,Sanjeev Kumar Rai Counsel for Opposite Party :- Ashok Kumar Maurya,G.A. And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37712 of 2023 Applicant :- Rakesh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Upadhyay,Brajesh Kumar Chaturvedi,Jay Prakash Gupta,Sunil Kumar Singh Counsel for Opposite Party :- Ashok Kumar Maurya,G.A. And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41944 of 2023 Applicant :- Anish Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Upadhyay,Brajesh Kumar Chaturvedi,Jay Prakash Gupta,Sunil Kumar Singh Counsel for Opposite Party :- Ashok Kumar Maurya,G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Case called out in the revised list.
Decision
2. All the three bail applications have arisen out of same case crime in Case Crime No.105 of 2023 under Sections 420, 467, 468, 471, 406 IPC, Police Station Dokati, District Ballia, and the same are being disposed of by this common order. 3. Heard learned counsel for the applicants and learned A.G.A. for the State-respondents and perused the material available on record. 4. Learned counsel for the applicants submitted that investigation has already been concluded in the case and chargesheet has been filed against the accused applicant and co-accused in the case. However, the charge has not been framed by the court below in the case. He next submitted that co-accused Sudhir Yadav, who has been projected as main accused in the FIR has already been enlarged on bail vide order dated 03.11.2023 passed by a co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 42229 of 2023. In FIR it is itself alleged that accused Sudhir Yadav and Rakesh Pandey got total Rs.12,81,196/- deposited deceitfully from the informant on allurement of providing him a job in green field in the account of Anish Pandey and Purshottam Singh. The mobile number of Rakesh Pandey is said to be connected with said Bank accounts. 5. He next submitted that from bare perusal of the FIR it appears that informant wants to impress that accounts of Anish Pandey and Purshottam which were used as a tool by co-accused persons. He further submitted that accused-applicants are held jail custody since 22.06.2023 for around two years. The accused/applicants undertake to abide by the conditions of bail, if they are released on bail by orders of this court. The offence is triable by a Magistrate. The allegations levelled against the accused/applicants do not travel beyond the scope of Section 420 IPC, which is triable by seven years imprisonment. There is no specific allegations in support of charges of forgery and criminal breach of trust. 6. He lastly submitted that accused-applicant Purshottam and co- accused Rakesh Pandey have explained their criminal history of one case, apart from present one in their respective bail applications. 7. Per contra, learned A.G.A. submitted that accused applicant and co-accused persons colluded with each other setup a Firm in the name and style of Rudra Traders, in which they have take huge of money from the informant as well as public at large and committed fraud and cheating with the informant. The investigating officer collected credible evidence against the accused applicants, from which their complicity in the offence is proved. The investigating officer has recorded statements of witnesses as well as the informant under Section 161 Cr.P.C. and they have supported the prosecution case forcefully. 8. Considering the rival submissions of the leaned counsel for the parties, and keeping in view the nature of offence, evidence, complicity of accused and quantum of punishment provided for the offence, the fact that other co-accused are released on bail by order of co-ordinate bench of this Court. The accused/applicants are languishing in jail from 22.06.2023 and without expressing any opinion on the merits of the case this Court is of the view that accused/applicants have made out a case for bail. The bail applications are allowed. 9. Let the accused/applicants, Purushottam Singh, Rakesh Pandey and Anish Pandey, who are involved in Case Crime No.105 of 2023 under Sections 420, 467, 468, 471, 406 IPC, Police Station Dokati, District Ballia, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if 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 IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad