High Court
Case Details
Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54162 of 2022
Legal Reasoning
Applicant :- Dinesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Srivastava,Anubhav Srivastava,Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.,Ram Raj Pandey Hon'ble Sameer Jain,J. Supplementary affidavit filed on behalf of the applicant, is taken on record. Heard Sri Jagdish Prasad Mishra, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State- respondent. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0944 of 2019, under Sections 420, 467, 468, 471, 506 IPC, Police Station Baghpat, District Baghpat, during pendency of the trial in the court below. According to the allegation made against the applicant in the FIR, applicant received total Rs. Eight lacs in his account under the pretext to provide job to different persons and he also provided fake appointment letters to some other victims. Learned counsel for the applicant submitted that applicant is innocent and he has falsely been implicated in the present case on the basis of previous enmity. He next submitted that in fact applicant was badly beaten by informant and other persons and in this regard, he on 25.10.2019 lodged an FIR against the informant and two others under section 307, 342, 323 IPC and after one month informant lodged FIR of the present case and this fact clearly suggest that informant with malafide intention only with intention to save his skin from the FIR lodged by applicant under retaliation lodged FIR of the present case. He further submitted that although there is specific allegation against the applicant that informant transferred Rs. Eight lacs in his Punjab National Bank Account No. 881006914097 but this is not the account number of applicant and applicant is having Punjab National Bank Account No. 6848000100041019 and account number of 881006914097 does not belong to him and this fact has been averred by him in para-7 to the affidavit filed in support of the present application. He further submitted that applicant and informant before dispute were close friends and applicant provided him Rs. Three lacs and therefore, on number of occasions in the Account No. 6848000100041019 of applicant, informant used to transfer different amounts and only under the pretext of these transactions, he implicated the applicant in the present matter and thereafter some dispute arose between the parties and informant alongwith two associates badly beaten the applicant. He further submitted that informant not only implicated the applicant but his father also and his father co-accused Jai Prakash has been released on bail by the Co-ordinate Bench of this Court vide order dated 8.4.2021 passed in Crl. Misc. Bail Application No. 13021 of 2022. He next submitted that applicant is although having criminal history of four other cases but his criminal history of four cases has been explained in para-20 onwards to the supplementary affidavit and in these cases he is on bail except one case. He further submitted that in the present matter applicant is in jail since 7.10.2022 and all the offences are triable by Magistrate-Ist class, therefore, applicant may be released on bail. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that there is specific allegation against the applicant that in his account Rs. Eight lacs were also transferred and it cannot be ruled out that he is having some other account in Punjab National Bank but they could not dispute the fact that all the offences are triable by Magistrate-Ist class and earlier before lodgement of the FIR of the present case a FIR was lodged by the applicant against the informant under section 307 IPC and co-accused Jai Prakash who is also named in the FIR, the father of the applicant has already been released on bail. I have heard learned counsel for the parties and perused the record of the case. From the perusal of the FIR, it appears that applicant induced informant to provide job and received a huge amount of Rs. Eight lacs but from the FIR it appears that the inducement was not made with regard to the informant but with regard to some other persons and although there is also allegation against the applicant that he provided some fake appointment letter but story narrated by informant in the present case does not inspire any confidence as from the record it appears that before the FIR of the present case earlier in the month of November, 2019 a FIR was lodged by applicant against the informant under section 307 IPC and after one month, FIR of the present case was lodged and applicant in supplementary affidavit specifically averred that the account number disclosed in the FIR does not belong to him and he also provided his separate account number of Punjab National Bank, therefore, considering the facts and circumstances of the case and the fact that all the offences are triable by Magistrate-Ist class, applicant is in jail since 7.10.2022 and criminal history of the applicant has already been explained, this Court is of the view that it is a fit case to release the applicant on bail. In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant-Dinesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. Order Date :- 18.1.2023 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad