Allahabad High Court
Brijendra Kumar Kashyap vs State Of U.P. on 4 September, 2018
Bench: Anil Kumar Srivastava-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- BAIL No. - 7366 of 2018
Applicant :- Brijendra Kumar Kashyap
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sadhu Sharan Chaubey,Sanjay Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Srivastava-II,J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. This bail application has been filed by the accused-applicant Brijendra Kumar Kashyap, who is involved in Case Crime No.120 of 2018, under sections 34, 379, 411,419, 420, 409 IPC, Police Station Chowk, District Lucknow.
3. Learned counsel for the applicant submits that accused-applicant has been falsely implicated in this case. It is further submitted that, allegedly, the first information report was lodged by Manager of the Bank alleging that the accused-applicant who was an ad hoc sweeper in the Bank had fraudulently withdrawn Rs.93,000/- from the Bank Account of three customers by using their ATM cards and pin number. It is alleged that since the accused-applicant was an ad hoc sweeper in the Bank, he used to managed the pin number as well as ATM cards from the Bank and withdrawn the amount. Subsequently, accused-applicant was apprehended alongwith Rs.1800/- It is submitted that no such recovery was made. Accused-applicant has falsely been implicated. Co-accused, namely, Jagmohan has been enlarged on bail by this Court in Bail No.6585 of 2018.
4. It is next submitted that the applicant is neither a previous convict nor he has any previous criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
5. Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
6. Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant Brijendra Kumar Kashyap is entitled to be released on bail.
7. Let the accused/applicant Brijendra Kumar Kashyap, involved in Case Crime No.120 of 2018, under sections 34, 379, 411,419, 420, 409 IPC, Police Station Chowk, District Lucknow, be released on bail subject to the following conditions.
(i) The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii)The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) 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.
(iii) The applicant shall cooperate with investigation /trial.
(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, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuse the liberty of bail during trial 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(vii) The applicant shall remain present, 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. 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 him in accordance with law.
Order Date :- 4.9.2018
Subodh/-
