The Allahabad High Court has given relief to the person who cheated people in the name of getting a job. The Court has ordered to release him on bail.
A Single Bench of Justice Piyush Agrawal passed this order while hearing a Criminal Misc Bail Application filed by Ravi.
The bail application has been filed by the applicant seeking bail in Case under Sections 420, 406, 467, 468, 471 IPC, Police Station- Narsena , District – Bulandshahar.
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the crime.
It is submitted that on refusal of illegal demand of Gajendra Kumar by the brother of the applicant, he in collusion with the informant lodged the FIR in order to create pressure upon the brother of the applicant for withdrawing the case lodged by him. There was inordinate delay in lodging the FIR, which had not been explained; there was no independent public witness to prove the alleged transaction of money; on perusal of the FIR itself, it shows that no money has been transferred in the account of the applicant and he was not the beneficiary of the alleged money. The applicant is old person suffering from chronic diseases and he has no previous criminal history.
It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 18.1.2024 and the possibility of conclusion of trial in near future is very bleak.
A.G.A has, however, opposed the prayer for grant of bail.
“Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail”, the Court observed.
The Court ordered that,
Let applicant namely Ravi be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that applicant 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 CrPC is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 CrPC. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against the applicant in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.