Ram Bir Purohit (Valuer) v. State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the first information report has been lodged against the applicant with the allegation that the applicant was a gold valuer of informant's bank and when some articles of gold hypothecated with the bank, which were earlier valued by the applicant, were randomly got valued by another valuer and it is allegedly turned out that the gold certified by the applicant was fake. He next added that when the applicant valued the gold, which was presented before him, was not the fake and it seems that the same was changed by another person and the applicant is being made the escape goat. He submits that there is no substantial evidence against the applicant so as to connect him with the offence that he has falsely valued the fake gold.

He next submits that the applicant has been enlarged on bail in all other 8 cases and he is languishing in jail since 06-08- 2022 and the charges have still not been framed. Learned counsel for the applicant has also placed reliance on the Judgments of the Hon'ble Apex Court rendered in the cases of Manish Sisodia vs Directorate of Enforcement in SLP (Criminal) No. 8781 of 2024 decided on 9 August, 2024 and Union of India Vs. K.A. Najeeb (2021(3) SCC 713) and submits that the case of the present applicant is squarely covered with the ratio of Judgments abovesaid. Concluding his arguments, he submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief.

Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 06-08-2022; from perusal of the report of the Additional Chief Judicial Magistrate-VII, Court No. 31, Lucknow dated 19-11-2024, it transpires that the charges have not been framed as yet even after passing of about two years and thus, conclusion of trial would take a considerable period of time coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

Let the applicant-Ram Bir Purohit (Valuer) involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 6.1.2025 AKS ANUJ KRISHNA SRIVASTAVA ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench