State of U.P v. Party

Heard learned counsel for the applicant and learned A.G.A. for the State on virtual mode. The applicant has been enlarged on interim bail vide order dated

08.05.2025 passed by this Court which is reproduced as under:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been given by the accused applicant Avinash Chaudhary @ Sonu in Case Crime No. 905 of 2022, under Sections 406, 419, 420, 409, 467, 468, 471, 120-B I.P.C., P.S.- Khalilabad, District Sant Kabir Nagar. Learned counsel for the applicant has submitted that the applicant is in jail since 18.5.2023 i.e. around two years; the offences are triable by the Magistrate; the allegation against the applicant is that co-accused Arjun Chaudhary got certain forms signed by informant and induced her to deposit Rs. 10 lakhs in the account of applicant, who was operating a Grahak Sewa Kendra; the informant after placing reliance on assurance of co-accused, deposited Rs. 10 lakhs on two dates in the account of the applicant and she was given 02 FD cards when she came to get the same encashed at the Grahak Sewa Kendra, it was found locked. Learned counsel for the applicant submitted that the applicant is ready to refund 2 BAIL No. 48332 of 2023 the amount of Rs. 10 lakhs through online transfer, which are lying in the account of the applicant in the account of informant in case he is granted liberty of bail by order of this Court as without being released from jail, he is unable to pay the amount to the informant. Infact, there was some commercial transaction between the informant and accused and for that purpose the amount was transferred by the informant in the account of applicant. Nevertheless, he is ready to pay the amount back to the informant. The said payment will be subject to final outcome of the case. Learned A.G.A. has vehemently opposed the prayer of bail and submitted that the applicant in collusion with co-accused got Rs. 10 lakhs transferred in his account by inducing to the informant and thus it would be in the fitness of things to release the applicant on parole subject to deposit of the said amount. List this matter on 28.5.2025. Considering the facts and circumstances of the case, the applicant shall be enlarged on short term bail for the period of 18 days from the date of release subject to furnishing two sureties and personal bond of like amount to the satisfaction of Chief Judicial Magistrate concerned, subject to following conditions:- (i) The applicant shall transfer the amount of Rs. 10 lakhs through RTGS or any other electronic mode in the account of informant within 15 days after being released from jail. (ii) The applicant shall surrender before the court concerned on or before the expiry of the aforesaid period. (iii) It is further directed that if the appellant does not surrender on the expiry of the aforesaid period, he shall be taken into custody and sent back to jail. (iv) Learned counsel for the appellant is directed to file a surrender certificate issued by the court concerned on the date fixed. " Learned counsel for the applicant submits that there is a dispute between the informant and accused regarding the mode of payment . In fact the 3 BAIL No. 48332 of 2023 accused applicant has already paid Rs.6,490000/- prior to lodging of the FIR on request of the informant, in cash and deposited Rs.1,00,000/- on

08.04.2022, Rs.1,00,000/- on 12.04.2022, Rs. 40,000/- on 09.05.2024 and Rs.1,11,000 on 08.05.2025 in the account of the informant . Thus, Rs. 3,51,000/- has been paid by the applicant to the informant in her account by deposit pay slips. However, the informant denies to have Rs. 6,49,000/- in cash and the same will be proved by the applicant before the court below. Learned counsel for the applicant next submitted that the applicant is in jail since 18.05.2023 i.e. more than two years, The offence is triable by Magistrate. The main dispute between the applicant and the informant is regarding repayment of money received by the applicant from the informant in-as-much as co-accused Arjun Chaudhary on whose behalf the informant paid money to the applicant, has already been granted bail by the order of this Court. He further submits that the applicant has not misused the interim bail granted by this Court and if he is enlarged on bail by this Court, he will abide the conditions of bail . Per contra, learned A.G.A. has opposed the prayer for bail of the applicant and he submits that the applicant was also involved in Case Crime No. 677 of 2023 under Sections 409, 406, 419, 420, 467, 468, 471, 504, 506, 120B IPC, Police Station- Khalilabad District-sant Kabir Nagar. However he has been enlarged on bail by the court below vide order dated

13.03.2024. He further submits that the applicant's counsel has given an undertaking before this Court in case the applicant is enlarged on bail, he will be pay the outstanding amount to the informant but even on being released on interim bail, the applicant could not repay the entire sum of money taken from the informant. Be that as it may, the main dispute between the parties appears to be payment and refund of money. Learned counsel for the applicant has stated that the applicant was operating the Grahak Sewa Kendra . Considering the submissions made by the learned counsel for the parties and totality of the facts and circumstances of case including the period of 4 BAIL No. 48332 of 2023 incarceration in jail of the appellant and that fact that conclusion of trial is likely to take considerable time and no fruitful purpose would be served to keep the applicant further in jail ; without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Avinash Chaudhary @Sonu involved in Case Crime No.905 of 2022 under Sections 406, 419, 420, 409, 467, 468 ,471, 120-B IPC, Police Station- Khalilabad, District- Sant Kabir Nagar be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions which are being imposed in the interest of justice:- (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 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 of the Indian Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 5 BAIL No. 48332 of 2023 initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). October 14, 2025 dk/- (Ram Manohar Narayan Mishra,J.) DEVENDRA KUMAR High Court of Judicature at Allahabad

Heard learned counsel for the applicant and learned A.G.A. for the State on virtual mode. The applicant has been enlarged on interim bail vide order dated

08.05.2025 passed by this Court which is reproduced as under:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been given by the accused applicant Avinash Chaudhary @ Sonu in Case Crime No. 905 of 2022, under Sections 406, 419, 420, 409, 467, 468, 471, 120-B I.P.C., P.S.- Khalilabad, District Sant Kabir Nagar. Learned counsel for the applicant has submitted that the applicant is in jail since 18.5.2023 i.e. around two years; the offences are triable by the Magistrate; the allegation against the applicant is that co-accused Arjun Chaudhary got certain forms signed by informant and induced her to deposit Rs. 10 lakhs in the account of applicant, who was operating a Grahak Sewa Kendra; the informant after placing reliance on assurance of co-accused, deposited Rs. 10 lakhs on two dates in the account of the applicant and she was given 02 FD cards when she came to get the same encashed at the Grahak Sewa Kendra, it was found locked. Learned counsel for the applicant submitted that the applicant is ready to refund 2 BAIL No. 48332 of 2023 the amount of Rs. 10 lakhs through online transfer, which are lying in the account of the applicant in the account of informant in case he is granted liberty of bail by order of this Court as without being released from jail, he is unable to pay the amount to the informant. Infact, there was some commercial transaction between the informant and accused and for that purpose the amount was transferred by the informant in the account of applicant. Nevertheless, he is ready to pay the amount back to the informant. The said payment will be subject to final outcome of the case. Learned A.G.A. has vehemently opposed the prayer of bail and submitted that the applicant in collusion with co-accused got Rs. 10 lakhs transferred in his account by inducing to the informant and thus it would be in the fitness of things to release the applicant on parole subject to deposit of the said amount. List this matter on 28.5.2025. Considering the facts and circumstances of the case, the applicant shall be enlarged on short term bail for the period of 18 days from the date of release subject to furnishing two sureties and personal bond of like amount to the satisfaction of Chief Judicial Magistrate concerned, subject to following conditions:- (i) The applicant shall transfer the amount of Rs. 10 lakhs through RTGS or any other electronic mode in the account of informant within 15 days after being released from jail. (ii) The applicant shall surrender before the court concerned on or before the expiry of the aforesaid period. (iii) It is further directed that if the appellant does not surrender on the expiry of the aforesaid period, he shall be taken into custody and sent back to jail. (iv) Learned counsel for the appellant is directed to file a surrender certificate issued by the court concerned on the date fixed. " Learned counsel for the applicant submits that there is a dispute between the informant and accused regarding the mode of payment . In fact the 3 BAIL No. 48332 of 2023 accused applicant has already paid Rs.6,490000/- prior to lodging of the FIR on request of the informant, in cash and deposited Rs.1,00,000/- on

08.04.2022, Rs.1,00,000/- on 12.04.2022, Rs. 40,000/- on 09.05.2024 and Rs.1,11,000 on 08.05.2025 in the account of the informant . Thus, Rs. 3,51,000/- has been paid by the applicant to the informant in her account by deposit pay slips. However, the informant denies to have Rs. 6,49,000/- in cash and the same will be proved by the applicant before the court below. Learned counsel for the applicant next submitted that the applicant is in jail since 18.05.2023 i.e. more than two years, The offence is triable by Magistrate. The main dispute between the applicant and the informant is regarding repayment of money received by the applicant from the informant in-as-much as co-accused Arjun Chaudhary on whose behalf the informant paid money to the applicant, has already been granted bail by the order of this Court. He further submits that the applicant has not misused the interim bail granted by this Court and if he is enlarged on bail by this Court, he will abide the conditions of bail . Per contra, learned A.G.A. has opposed the prayer for bail of the applicant and he submits that the applicant was also involved in Case Crime No. 677 of 2023 under Sections 409, 406, 419, 420, 467, 468, 471, 504, 506, 120B IPC, Police Station- Khalilabad District-sant Kabir Nagar. However he has been enlarged on bail by the court below vide order dated

13.03.2024. He further submits that the applicant's counsel has given an undertaking before this Court in case the applicant is enlarged on bail, he will be pay the outstanding amount to the informant but even on being released on interim bail, the applicant could not repay the entire sum of money taken from the informant. Be that as it may, the main dispute between the parties appears to be payment and refund of money. Learned counsel for the applicant has stated that the applicant was operating the Grahak Sewa Kendra . Considering the submissions made by the learned counsel for the parties and totality of the facts and circumstances of case including the period of 4 BAIL No. 48332 of 2023 incarceration in jail of the appellant and that fact that conclusion of trial is likely to take considerable time and no fruitful purpose would be served to keep the applicant further in jail ; without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Avinash Chaudhary @Sonu involved in Case Crime No.905 of 2022 under Sections 406, 419, 420, 409, 467, 468 ,471, 120-B IPC, Police Station- Khalilabad, District- Sant Kabir Nagar be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions which are being imposed in the interest of justice:- (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 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 of the Indian Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 5 BAIL No. 48332 of 2023 initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). October 14, 2025 dk/- (Ram Manohar Narayan Mishra,J.) DEVENDRA KUMAR High Court of Judicature at Allahabad