Allahabad High Court
Brijpal Singh vs State Of U.P. on 9 July, 2019
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27236 of 2019
Applicant :- Brijpal Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1272 of 2018, under Sections 406, 420, 467, 468, 471, 120B I.P.C., Police Station-New Agra, District-Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the present accused Brijpal Singh is the Secretary of the Prarambhik Sahkari Bank Ltd. Evam Vetan Bhogi (Salary Honours, Sahkari Rin Samiti, Ltd. which was registered under the U.P. Cooperative Societies Act who has taken the amount of the complainant and others. Learned counsel for the applicant further submitted that co-accused Vishnu Awatar Verma who was the Chairman of Prarambhik Sahkari Bank Ltd. Evam Vetan Bhogi (Salary Honours, Sahkari Rin Samiti, Ltd. has already been granted bail by another Bench of this Court vide order dated 04.07.019 passed in Criminal Misc. Bail Application No. 26496 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record. The co-accused Vishnu Awatar Verma was directed by the Court that he will pay an amount of Rs. 5 lacs on his release. Considering that 5 lakh rupees were ordered to be paid in favour of the complainant accused will be released on bail. Learned counsel for the applicant lastly submitted that the accused is languishing in jail since 14.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial..
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Brijpal Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 1272 of 2018, under Sections 406, 420, 467, 468, 471 120B I.P.C., Police Station-New Agra, District-Agra, subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 9.7.2019
sweta
