High Court · 2025

"Vide order dated 06.11.2024, the applicant was enlarged on interim bail with a condition that he shall deposit the outstanding loan amount alongwith the interest before the Banks, within a period of two months, noticing the afÏdavit given by the 'Pairokar' and it is also provided that in case of failure, the complainant would have at liberty to move an application for cancellation of bail. Thereafter, the applicant was released on bail, but even after passing of two months, he did not deposit the loan amount, as is argued by learned counsel for the complainant. Subsequently, on 16.01.2025 the following order was passed. "Heard Sri Ajit Kumar Singh, learned counsel for the applicant and Sri Arun Verma, learned A.G.A. for the State as well as Sri Abhinav Singh, learned counsel for the informant. The present applicant was granted short term bail vide order dated 06.11.2024 which reads as under:- "Supplementary afÏdavit filed today is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to release the applicant on bail in Case Crime No.07 of 2021 under Section 420, 467, 468, 471, 506 I.P.C. Police Station Madhoganj, District Hardoi. Learned counsel for the applicant submits that as per the allegation in the First Information Report, it has been alleged that two set of loans were taken by the applicant while using Aadhar Card and the documents of his uncle. He submits that due to misconception, the aforesaid incident has taken place though the bona fide of the applicant is apparent that one of the loan amount has already been deposited and rest one will be deposited within sixty days from the date of his release from jail. He further submits that the deponent after consulting with the applicant/accused has filed this afÏdavit and in paragraph 5, it has specifically been stated that the loan amount will be deposited within six months. He added that there is no previous criminal history of the applicant and he is languishing in jail since 27.6.2022 and there is no progress in the trial. Thus, submission is that the applicant may enlarged on bail. On the other hand, learned counsel for the complainant as well as the learned counsel for the State have vehemently opposed the contention aforesaid and submits that there is ample evidence against the applicant as he has committed cheat and fraud and thus, charge sheet has been filed and the matter is proceeding, as such, the applicant is not entitled to any relief. However, they have no objection in case the applicant is released on interim bail with condition that he will deposit rest of loan amount along with interest, within two months. 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 case of interim bail. Let the applicant Ram Kishore involved in the aforementioned crime be released on interim 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 deposit outstanding loan amount along with the interest before the Bank within a period of two months as is stated on afÏdavit by the pairokar of the applicant failing which liberty is given to the learned counsel for the complainant to move application for cancellation of interim bail. (2) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (3) 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; (4) 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.; and (5) In case, the applicant misuses the liberty of interim 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. List/put up this matter on 1st week of January 2025 within top five cases. " The case was listed on 02.01.2025. On that date, this Court directed for personal appearance of the applicant fixing the date for today. However, the applicant is not present in person today. Learned counsel for the applicant has stated that after getting the short term bail, the applicant has not approached him, nor the parokar has approached him and he is absolutely unaware as to whether the direction of this Court dated 06.11.2024 has been complied with by the applicant or not. Learned counsel for the informant has stated that he had shown his apprehension before the Court on 06.11.2024 that the applicant may not comply the direction of this Court dated 06.11.2025. He informs that the amount in terms of the order dated 06.11.2024 has not been deposited by the applicant till date. In view of the above facts and circumstances, list this case on 27.01.2025. The Superintendent of Police, Hardoi is directed to arrest the applicant after tracing out his location and the applicant be produced before the Court on the next date fixed. The Superintendent of Police, Hardoi is free to take appropriate coercive steps against the applicant, strictly in accordance with law but in any case, the presence of the applicant shall be ensured on the next date fixed. Let a copy of this order be sent to the Superintendent of Police, Hardoi by the Registry of this Court within three working days for compliance of this order." While passing the aforesaid order, Superintendent of Police, Hardoi was directed to arrest the applicant after tracing out of his location and produced him before this Court. In compliance of the abovesaid order, Shiv Narayan Singh, Sub Inspector has produced the applicant before this Court. On a query being asked, the applicant, namely, Ram Kishore has replied that he has deposited the amount of loan to the Punjab National Bank, Branch, Haibatpur, District Hardoi and to the Union Bank of India, Branch Sarhiyapur, District Hardoi but he could not fetch the receipt as well 'no dues certificate', as he was arrested by the police, in compliance of the order dated 16.01.2025. In view of the aforesaid, the learned State Counsel is directed to take detailed instructions in the matter within 24 hours that whether the outstanding loan amount is deposited by the applicant and if so, the instructions shall be brought on record in writing. List/put up this matter on 30.01.2025. The applicant is hereby released with the condition that if the fact is found otherwise, he shall remain present before this Court on the next date. Personal appearance of Shiv Narayan Singh, Sub Inspector, who is present today in Court, is hereby exempted." Vide the abovesaid order, the State Counsel was directed to take detailed instructions regarding the deposit of the outstanding loan amount by the applicant to the bank concerned. In compliance of the order abovesaid, the State Counsel has placed the instructions dated 29-01- 2025 before this court, which are taken on record. Placing the aforesaid instructions, he submits that 'No Dues Certificate' has been issued in favour of the borrower by the Branch Manager of Punjab National Bank and Union Bank of India and the both No Dues Certificates are appended alongwith the instructions. It seems that the loan amount, which was in dispute has been deposited by the applicant, thus matter is now over. This court also finds that vide order dated 06-11- 2024, the applicant was enlarged on interim bail with the condition that he shall deposit the outstanding loan amount alongwith interest before the bank concerned. Since, the applicant has deposited the loan amount, which is also evident from the No Dues Certificates issued by the bank concerned, therefore, the bail application of the present applicant is hereby allowed. Since, the applicant has already furnished the personal bonds and two sureties and has been enlarged on interim bail, therefore, he need not to further furnish the bail bonds and sureties. The conditions of the bail shall remain as follows :- Let the applicant-Ram Kishore, involved in the aforementioned crime be released on regular bail, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, 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. ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Order Date :- 30.1.2025/AKS

"Vide order dated 06.11.2024, the applicant was enlarged on interim bail with a condition that he shall deposit the outstanding loan amount alongwith the interest before the Banks, within a period of two months, noticing the afÏdavit given by the 'Pairokar' and it is also provided that in case of failure, the complainant would have at liberty to move an application for cancellation of bail. Thereafter, the applicant was released on bail, but even after passing of two months, he did not deposit the loan amount, as is argued by learned counsel for the complainant. Subsequently, on 16.01.2025 the following order was passed. "Heard Sri Ajit Kumar Singh, learned counsel for the applicant and Sri Arun Verma, learned A.G.A. for the State as well as Sri Abhinav Singh, learned counsel for the informant. The present applicant was granted short term bail vide order dated 06.11.2024 which reads as under:- "Supplementary afÏdavit filed today is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to release the applicant on bail in Case Crime No.07 of 2021 under Section 420, 467, 468, 471, 506 I.P.C. Police Station Madhoganj, District Hardoi. Learned counsel for the applicant submits that as per the allegation in the First Information Report, it has been alleged that two set of loans were taken by the applicant while using Aadhar Card and the documents of his uncle. He submits that due to misconception, the aforesaid incident has taken place though the bona fide of the applicant is apparent that one of the loan amount has already been deposited and rest one will be deposited within sixty days from the date of his release from jail. He further submits that the deponent after consulting with the applicant/accused has filed this afÏdavit and in paragraph 5, it has specifically been stated that the loan amount will be deposited within six months. He added that there is no previous criminal history of the applicant and he is languishing in jail since 27.6.2022 and there is no progress in the trial. Thus, submission is that the applicant may enlarged on bail. On the other hand, learned counsel for the complainant as well as the learned counsel for the State have vehemently opposed the contention aforesaid and submits that there is ample evidence against the applicant as he has committed cheat and fraud and thus, charge sheet has been filed and the matter is proceeding, as such, the applicant is not entitled to any relief. However, they have no objection in case the applicant is released on interim bail with condition that he will deposit rest of loan amount along with interest, within two months. 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 case of interim bail. Let the applicant Ram Kishore involved in the aforementioned crime be released on interim 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 deposit outstanding loan amount along with the interest before the Bank within a period of two months as is stated on afÏdavit by the pairokar of the applicant failing which liberty is given to the learned counsel for the complainant to move application for cancellation of interim bail. (2) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (3) 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; (4) 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.; and (5) In case, the applicant misuses the liberty of interim 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. List/put up this matter on 1st week of January 2025 within top five cases. " The case was listed on 02.01.2025. On that date, this Court directed for personal appearance of the applicant fixing the date for today. However, the applicant is not present in person today. Learned counsel for the applicant has stated that after getting the short term bail, the applicant has not approached him, nor the parokar has approached him and he is absolutely unaware as to whether the direction of this Court dated 06.11.2024 has been complied with by the applicant or not. Learned counsel for the informant has stated that he had shown his apprehension before the Court on 06.11.2024 that the applicant may not comply the direction of this Court dated 06.11.2025. He informs that the amount in terms of the order dated 06.11.2024 has not been deposited by the applicant till date. In view of the above facts and circumstances, list this case on 27.01.2025. The Superintendent of Police, Hardoi is directed to arrest the applicant after tracing out his location and the applicant be produced before the Court on the next date fixed. The Superintendent of Police, Hardoi is free to take appropriate coercive steps against the applicant, strictly in accordance with law but in any case, the presence of the applicant shall be ensured on the next date fixed. Let a copy of this order be sent to the Superintendent of Police, Hardoi by the Registry of this Court within three working days for compliance of this order." While passing the aforesaid order, Superintendent of Police, Hardoi was directed to arrest the applicant after tracing out of his location and produced him before this Court. In compliance of the abovesaid order, Shiv Narayan Singh, Sub Inspector has produced the applicant before this Court. On a query being asked, the applicant, namely, Ram Kishore has replied that he has deposited the amount of loan to the Punjab National Bank, Branch, Haibatpur, District Hardoi and to the Union Bank of India, Branch Sarhiyapur, District Hardoi but he could not fetch the receipt as well 'no dues certificate', as he was arrested by the police, in compliance of the order dated 16.01.2025. In view of the aforesaid, the learned State Counsel is directed to take detailed instructions in the matter within 24 hours that whether the outstanding loan amount is deposited by the applicant and if so, the instructions shall be brought on record in writing. List/put up this matter on 30.01.2025. The applicant is hereby released with the condition that if the fact is found otherwise, he shall remain present before this Court on the next date. Personal appearance of Shiv Narayan Singh, Sub Inspector, who is present today in Court, is hereby exempted." Vide the abovesaid order, the State Counsel was directed to take detailed instructions regarding the deposit of the outstanding loan amount by the applicant to the bank concerned. In compliance of the order abovesaid, the State Counsel has placed the instructions dated 29-01- 2025 before this court, which are taken on record. Placing the aforesaid instructions, he submits that 'No Dues Certificate' has been issued in favour of the borrower by the Branch Manager of Punjab National Bank and Union Bank of India and the both No Dues Certificates are appended alongwith the instructions. It seems that the loan amount, which was in dispute has been deposited by the applicant, thus matter is now over. This court also finds that vide order dated 06-11- 2024, the applicant was enlarged on interim bail with the condition that he shall deposit the outstanding loan amount alongwith interest before the bank concerned. Since, the applicant has deposited the loan amount, which is also evident from the No Dues Certificates issued by the bank concerned, therefore, the bail application of the present applicant is hereby allowed. Since, the applicant has already furnished the personal bonds and two sureties and has been enlarged on interim bail, therefore, he need not to further furnish the bail bonds and sureties. The conditions of the bail shall remain as follows :- Let the applicant-Ram Kishore, involved in the aforementioned crime be released on regular bail, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, 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. ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Order Date :- 30.1.2025/AKS