Akash Kumar Kannaujiya and another v. State of U.P. wherein this case has taken note of the present case as
Case Details
Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51830 of 2021 Applicant :- Akash Kumar Kannaujiya And Another Opposite Party :- State of U.P. Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Adya Prasad Tewari, learned counsel for the applicants, and Sri Shravan Kumar Ojha, the learned AGA for the State. This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicants- Akash Kumar Kannaujiya and Prabhakar for enlarging them on bail in Case Crime No.244 of 2021, under Sections 419, 420, 467, 468, 471/34 IPC registered at Police Station- Captainganj, District- Basti. The bail application so preferred by the applicants has been rejected by the court below on 17.11.2021. Learned counsel for the applicants has argued that a first information report has been lodged by Smt. Seema against the applicants before P.S. Captainganj, District Basti in the above noted Sections regarding commission of offence with an allegation that the applicants impersonated themselves and exhibited themselves to help the needy people for engineering their career and for that very purpose, they received an amount of Rs.1632/-and thereafter loan was being advanced and the complainant deposited the said amount but the accused took away the money. Learned counsel for the applicant has further argued that the allegations which are similar in nature was also levelled upon the applicant in Case Crime No.243 of 2021, under Sections 419, 420, 467, 468, 471 & 34 IPC and the applicant was bailed out in Criminal Misc. Bail Application No.49941 of 2021, Akash Kumar Kannaujiya and another Vs. State of U.P. wherein this case has taken note of the present case as well as Case Crime No.242 of 2021 and 245 of 2021. The order is being quoted herein under:- Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail in Case Crime No. 243 of 2021, under Sections 419, 420, 467, 468, 471 & 34 IPC at Police Station Captanganj, District Basti. As per prosecution story, the applicant along with co-accused persons, namely, Ram Vyas Sahani, Brijbhan, Ajad, Prabhakar, Deen Dayal and Harikesh Yadav are said to have duped the applicant and other persons by impostering as bank officials. Learned counsel for the applicant submits that the applicants are innocent and has been falsely implicated in the present case on false facts. It is next submitted that co-accused, namely, Brijbhan Azad, has been granted bail by this Court vide order dated 4.1.2022 passed in Criminal Misc. Bail Application No. 55164 of 2021, therefore, applicant is also entitled to be released on bail on the ground of parity. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It is further submitted that applicants have been implicated in three more cases at the time of arrest serially in Case Crime Nos. 242 of 2021, 244 of 2021 and 245 of 2021 and the bail application of said crime number are pending in the Court. Applicants are languishing in jail since 14.10.2021. They undertake that they will not misuse the liberty, if granted, therefore, they may be released on bail. On the other hand, learned A.G.A. opposed the application for bail, but, he could not dispute the parity of the present applicants with the co- accused Brijbhan Azad as submitted by the learned counsel for the applicants. He has also not disputed the said explanation of criminal history. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. Let the applicants- Akash Kumar Kannaujiya and Prabhakar Kumar, who are involved in aforementioned case crime 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 applicants 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 applicants shall remain present before the Trial Court on each date fixed, either personally or through their 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 applicants 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 applicants fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC. (iv) The applicants 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 applicants 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 them in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Countering the said submission, the learned A.G.A. has opposed the bail while arguing that offence has been committed by the applicants, as such he has been proceeded in the case in question, but he could not dispute the fact that the applicants stand bailed out in Case Crime No. 243 of 2021 and further the criminal history has been taken note of in Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as the applicants have properly explained the criminal history and further the fact that they have been enlarged on bail in Case Crime No.243 of 2021 and the applicants are languishing in jail since 14.10.2021, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances. Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicants- Akash Kumar Kannaujiya and Prabhakar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicants 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 to any police officer or tamper with the evidence. (v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses. Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicants is placed before the Court, the same would be entertained. Order Date :- 14.2.2022 piyush Digitally signed by PIYUSH KUMAR Date: 2022.02.21 17:59:09 IST Reason: Location: High Court of Judicature at Allahabad