✦ High Court of India · 24 Jan 2025

Shailesh Kumar Tiwari v. The State of U.P.). The Apex Court on

Case Details High Court of India · 24 Jan 2025
Court
High Court of India
Decided
24 Jan 2025
Bench
Not available
Length
1,462 words

Hon'ble Ashutosh Srivastava,J.

1. Heard Shri D.M. Tripathi and Shri Satyendra Narayan Singh, learned counsel for the applicant, Shri Sunil Kumar Singh, learned counsel for the first informant and Shri S.K. Ojha, learned A.G.A. for the State-respondent.

2. By means of the instant bail application, the applicant-Shailesh Kumar Tiwari, seeks bail in Case Crime No. 35 of 2023, u/s 147, 419, 420, 406, 467, 468, 471, 120-B, 504, 506 I.P.C., Police Station-Shivkuti, District-Prayagraj.

3. This Court vide its order dated 20.12.2023 after recording the understanding between the applicant and the first informant whereunder a Demand Draft bearing No. 006343 drawn on IDBI Bank, Branch George Town, Allahabad, for a sum of Rs. 10 Lacs was handed over to the counsel for the first informant and it was undertaken to pay another amount of Rs. 10 Lacs on or before 27.12.2023 directly to the informant through banking channels and balance Rs. 77.5 Lacs to both the accounts from which the money was received by the applicant on or before 31.3.2024, was released on interim bail in the aforesaid Case Crime Number subject to furnishing personal bonds and two reliable sureties of Rs. 1 Lac each before the Court concerned on the conditions set out in the order failing which the applicant would surrender before the trial court on 1.4.2024.

4. The applicant did not comply with the order dated 20.12.2023 inasmuch as Rs. 10 Lacs and balance Rs. 77.5 Lacs as undertaken were not deposited nor the applicant surrendered before the trial court. This Court vide order dated 2.4.2024 directed the bail application to be listed on 3.4.2024 at 2.00 P.M. recording the factum that further Rs. 10 Lacs by Demand Draft dated 30.3.2024 has been deposited and further Rs. 10 Lacs would be deposited by 3.4.2024. On 3.4.2024, the Court proceeded to record the following order, which is quoted below:- " Learned counsel for the applicant and learned counsel for the first informant are present. In compliance of the order dated 02.04.2024, the applicant's counsel has handed over a Demand Draft of Rs. 10,00,000/- today bearing No. 000433 dated 03.04.2024 in favor of Gorakhnath Singh of Axis Bank to Shri Sunil Kumar Singh, learned counsel for the first informant. Now, the counsel for the parties are agreed at the terms that the remaining amount of Rs. 57.5 Lacs shall be paid by the applicant to the first informant- Gorakhnath Singh through his counsel within 45 days from today and if this amount is not paid within the time fixed by this Court, the applicant shall surrender before the Court on 20.05.2024 and his interim bail would automatically get cancelled, if he does not comply with the above order. Let this matter be listed on 21st of May, 2024, as fresh. A Demand Draft of Rs. 10,00,000/- bearing No. 000433 dated 03.04.2024 of Axis Bank in favour of Gorakhnath Singh is received by Shri Sunil Kumar Singh, learned counsel for the first informant in the Court today."

5. The applicant was required to pay the balance amount of Rs. 57.5 Lacs by 20.05.2024. The case was listed on 21.05.2024 as directed. Again on the request of the learned counsel for the applicant one last opportunity was granted to the applicant to comply with the order of the Court dated 3.4.2024 and the bail application was fixed for 28.5.2024 (wrongly mentioned as 28.5.2023). On 28.5.2024, this Court proceeded to pass a detailed order cancelling the interim bail granted to the applicant. The applicant was required to surrender before the Trial Court within one week and face trial. The case was fixed for 18.7.2024 in the Additional Cause List.

6. From the records, it is borne out that the applicant approached the Apex Court against the direction to surrender before the trial court. The proceedings were registered as S.L.P. (Criminal) No. 8315 of 2024 (Shailesh Kumar Tiwari Vs. The State of U.P.). The Apex Court on 27.06.2024 has been pleased to pass the following order:- " Issue notice to the respondent. Learned counsel for the petitioner is permitted to serve the standing counsel for the respondent/State. The petitioner Rs.57,50,000/- is (Rupees directed Fifty to pay a sum Seven Lakh and of Fifty Thousand only) to the informant within a period of six weeks from today. Till then, the direction to surrender shall be kept in abeyance. List after six weeks."

7. The Apex Court on 13.8.2024 was pleased to pass the following order:- "Mr. Bhuwan Raj, learned counsel refers to this Court's order dated 27.06.2024 to submit that the petitioner has already paid 40,00,000/- (Rupees Forty Lakh) to the informant. He was required to pay Rs. 57, 50, 000/- (Rupees Fifty Seven Lakh and Fifty Thousand Only) more but the petitioner could not arrange the money within the limited time. The petitioner is, however, making earnest endeavour to raise the amount so that full payment can be made in terms of the Court's order dated 27.06.2024.

2. Taking note of the above and after considering the submission made by Mr. Rakesh Mishra, learned counsel who appears for the informant, four weeks further time is granted for doing the needful.

3. On the next date of hearing, the bonafide of the offer made by the petitioner today, will be tested."

8. Ultimately vide order dated 17.9.2024 the Apex Court dismissed the S.L.P. by passing the following order:- "Heard Mr. Bhuwan Raj, learned counsel appearing for the petitioner. The State of Uttar Pradesh is represented by Mr. Adarsh Upadhya, learned counsel. The submission of the learned counsel are considered together with the State's counter affidavit. It is averred in the counter affidavit that in the agreement pertaining to sale of immovable property, the petitioner had forged documents and also threatened the complainant. The conditions imposed by the Court are also not adhered by the petitioner. Having considered the above, the Special Leave Petition is found devoid of merit and the same is dismissed. Pending applications(s), if any, including IA No. 209538 of 2024 stand closed."

9. In the above backdrops, the bail application was listed before this Court on 15.10.2024 on which date, learned counsel for the applicant prayed for time upto 11.11.2024 to clear the balance amount of Rs. 57.5 Lacs due from the applicant. The said offer was vehemently opposed by Shri Sunil Kumar Singh, learned counsel for the first informant. However, the Court being of the view that the applicant is ready to pay and has prayed for one last opportunity to make good the due amount permitted the applicant to deposit the balance amount of Rs. 57.5 Lacs on or before 11.11.2024 and fixed the case for 11.11.2024.

10. On 11.11.2024, an adjournment was sought on behalf of learned counsel for the applicant. This Court on the concession made by learned counsel for the informant granted two weeks further time to comply with the order dated 15.10.2024 and fixed the case on 26.11.2024 by which date it was expected that the applicant would make good the deposit of balance amount of Rs. 57.5 Lacs.

11. Various dates were fixed thereafter but case could not be taken up due to paucity of time. The case was taken up on 24.1.2025 on which date, learned counsel for the first informant vehemently submitted that sufficient indulgence has been granted to the applicant by this Court and despite the said indulgence order dated 15.10.2024 has not been complied with and the orders of this Court as also the Apex Court are being flouted with impunity. It is submitted that the applicant is required to be dealt with an iron hand.

12. Having heard learned counsel for the parties and taking note of the conduct of the applicant, this Court is of the opinion that the applicant deserves no further sympathy or indulgence in any manner. The interim bail of the applicant already stands cancelled. The applicant is directed to surrender within three weeks from today before the trial court. In the event, the applicant does not surrender before the trial court, it shall proceed to issue non bailable warrant against applicant for ensuring the presence of the applicant before it and on appearance of the applicant before it pass necessary orders for his arrest and confinement in jail.

13. Registrar (Compliance) is directed to inform about this order to the learned trial court for necessary compliance.

14. The bail application is accordingly, rejected. Order Date :- 24.1.2025 VS VIBHA SINGH High Court of Judicature at Allahabad

Hon'ble Ashutosh Srivastava,J.

1. Heard Shri D.M. Tripathi and Shri Satyendra Narayan Singh, learned counsel for the applicant, Shri Sunil Kumar Singh, learned counsel for the first informant and Shri S.K. Ojha, learned A.G.A. for the State-respondent.

2. By means of the instant bail application, the applicant-Shailesh Kumar Tiwari, seeks bail in Case Crime No. 35 of 2023, u/s 147, 419, 420, 406, 467, 468, 471, 120-B, 504, 506 I.P.C., Police Station-Shivkuti, District-Prayagraj.

3. This Court vide its order dated 20.12.2023 after recording the understanding between the applicant and the first informant whereunder a Demand Draft bearing No. 006343 drawn on IDBI Bank, Branch George Town, Allahabad, for a sum of Rs. 10 Lacs was handed over to the counsel for the first informant and it was undertaken to pay another amount of Rs. 10 Lacs on or before 27.12.2023 directly to the informant through banking channels and balance Rs. 77.5 Lacs to both the accounts from which the money was received by the applicant on or before 31.3.2024, was released on interim bail in the aforesaid Case Crime Number subject to furnishing personal bonds and two reliable sureties of Rs. 1 Lac each before the Court concerned on the conditions set out in the order failing which the applicant would surrender before the trial court on 1.4.2024.

4. The applicant did not comply with the order dated 20.12.2023 inasmuch as Rs. 10 Lacs and balance Rs. 77.5 Lacs as undertaken were not deposited nor the applicant surrendered before the trial court. This Court vide order dated 2.4.2024 directed the bail application to be listed on 3.4.2024 at 2.00 P.M. recording the factum that further Rs. 10 Lacs by Demand Draft dated 30.3.2024 has been deposited and further Rs. 10 Lacs would be deposited by 3.4.2024. On 3.4.2024, the Court proceeded to record the following order, which is quoted below:- " Learned counsel for the applicant and learned counsel for the first informant are present. In compliance of the order dated 02.04.2024, the applicant's counsel has handed over a Demand Draft of Rs. 10,00,000/- today bearing No. 000433 dated 03.04.2024 in favor of Gorakhnath Singh of Axis Bank to Shri Sunil Kumar Singh, learned counsel for the first informant. Now, the counsel for the parties are agreed at the terms that the remaining amount of Rs. 57.5 Lacs shall be paid by the applicant to the first informant- Gorakhnath Singh through his counsel within 45 days from today and if this amount is not paid within the time fixed by this Court, the applicant shall surrender before the Court on 20.05.2024 and his interim bail would automatically get cancelled, if he does not comply with the above order. Let this matter be listed on 21st of May, 2024, as fresh. A Demand Draft of Rs. 10,00,000/- bearing No. 000433 dated 03.04.2024 of Axis Bank in favour of Gorakhnath Singh is received by Shri Sunil Kumar Singh, learned counsel for the first informant in the Court today."

5. The applicant was required to pay the balance amount of Rs. 57.5 Lacs by 20.05.2024. The case was listed on 21.05.2024 as directed. Again on the request of the learned counsel for the applicant one last opportunity was granted to the applicant to comply with the order of the Court dated 3.4.2024 and the bail application was fixed for 28.5.2024 (wrongly mentioned as 28.5.2023). On 28.5.2024, this Court proceeded to pass a detailed order cancelling the interim bail granted to the applicant. The applicant was required to surrender before the Trial Court within one week and face trial. The case was fixed for 18.7.2024 in the Additional Cause List.

6. From the records, it is borne out that the applicant approached the Apex Court against the direction to surrender before the trial court. The proceedings were registered as S.L.P. (Criminal) No. 8315 of 2024 (Shailesh Kumar Tiwari Vs. The State of U.P.). The Apex Court on 27.06.2024 has been pleased to pass the following order:- " Issue notice to the respondent. Learned counsel for the petitioner is permitted to serve the standing counsel for the respondent/State. The petitioner Rs.57,50,000/- is (Rupees directed Fifty to pay a sum Seven Lakh and of Fifty Thousand only) to the informant within a period of six weeks from today. Till then, the direction to surrender shall be kept in abeyance. List after six weeks."

7. The Apex Court on 13.8.2024 was pleased to pass the following order:- "Mr. Bhuwan Raj, learned counsel refers to this Court's order dated 27.06.2024 to submit that the petitioner has already paid 40,00,000/- (Rupees Forty Lakh) to the informant. He was required to pay Rs. 57, 50, 000/- (Rupees Fifty Seven Lakh and Fifty Thousand Only) more but the petitioner could not arrange the money within the limited time. The petitioner is, however, making earnest endeavour to raise the amount so that full payment can be made in terms of the Court's order dated 27.06.2024.

2. Taking note of the above and after considering the submission made by Mr. Rakesh Mishra, learned counsel who appears for the informant, four weeks further time is granted for doing the needful.

3. On the next date of hearing, the bonafide of the offer made by the petitioner today, will be tested."

8. Ultimately vide order dated 17.9.2024 the Apex Court dismissed the S.L.P. by passing the following order:- "Heard Mr. Bhuwan Raj, learned counsel appearing for the petitioner. The State of Uttar Pradesh is represented by Mr. Adarsh Upadhya, learned counsel. The submission of the learned counsel are considered together with the State's counter affidavit. It is averred in the counter affidavit that in the agreement pertaining to sale of immovable property, the petitioner had forged documents and also threatened the complainant. The conditions imposed by the Court are also not adhered by the petitioner. Having considered the above, the Special Leave Petition is found devoid of merit and the same is dismissed. Pending applications(s), if any, including IA No. 209538 of 2024 stand closed."

9. In the above backdrops, the bail application was listed before this Court on 15.10.2024 on which date, learned counsel for the applicant prayed for time upto 11.11.2024 to clear the balance amount of Rs. 57.5 Lacs due from the applicant. The said offer was vehemently opposed by Shri Sunil Kumar Singh, learned counsel for the first informant. However, the Court being of the view that the applicant is ready to pay and has prayed for one last opportunity to make good the due amount permitted the applicant to deposit the balance amount of Rs. 57.5 Lacs on or before 11.11.2024 and fixed the case for 11.11.2024.

10. On 11.11.2024, an adjournment was sought on behalf of learned counsel for the applicant. This Court on the concession made by learned counsel for the informant granted two weeks further time to comply with the order dated 15.10.2024 and fixed the case on 26.11.2024 by which date it was expected that the applicant would make good the deposit of balance amount of Rs. 57.5 Lacs.

11. Various dates were fixed thereafter but case could not be taken up due to paucity of time. The case was taken up on 24.1.2025 on which date, learned counsel for the first informant vehemently submitted that sufficient indulgence has been granted to the applicant by this Court and despite the said indulgence order dated 15.10.2024 has not been complied with and the orders of this Court as also the Apex Court are being flouted with impunity. It is submitted that the applicant is required to be dealt with an iron hand.

12. Having heard learned counsel for the parties and taking note of the conduct of the applicant, this Court is of the opinion that the applicant deserves no further sympathy or indulgence in any manner. The interim bail of the applicant already stands cancelled. The applicant is directed to surrender within three weeks from today before the trial court. In the event, the applicant does not surrender before the trial court, it shall proceed to issue non bailable warrant against applicant for ensuring the presence of the applicant before it and on appearance of the applicant before it pass necessary orders for his arrest and confinement in jail.

13. Registrar (Compliance) is directed to inform about this order to the learned trial court for necessary compliance.

14. The bail application is accordingly, rejected. Order Date :- 24.1.2025 VS VIBHA SINGH High Court of Judicature at Allahabad

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