Allahabad High Court
Abhishek Nigam vs State Of U.P. on 9 July, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 5626 of 2019
Applicant :- Abhishek Nigam
Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhupendra Veer Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is contended on behalf of the applicant that the matter is triable by magistrate. Co accused Ram Shukla has been enlarged on bail by the coordinate Bench of this Court vide order dated 10.04.2019 passed in Bail No. 3415 of 2019, contained in Annexure No. 2 to the bail application. As per the prosecution case, the applicant has taken Rs. 5,00,000/- from the informant and on the assurance to give him the contract in the primary school. Learned counsel for the applicant submits that he is ready to return the alleged amount to the informant as directed by this Court. It is further submitted that the applicant is in jail since 07.09.2018 and there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail submitting that the applicant has a criminal history of 18 cases.
Rebutting the submission of learned A.G.A., learned counsel for the applicant submits that he has explained the criminal history of the applicant in the bail application.
In view of the aforesaid statement of the applicant and the specific pleading made by the applicant in para 5 of the bail application, it is provided that the applicant shall return the entire amount in four installments within one year from the date of release of the applicant from jail, failing which, the bail shall stand cancelled.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant, Abhishek Nigam, involved in Case Crime No. 523 of 2018, under Sections 406, 420, 467, 468, 471 IPC, Police Station - Hazratganj, District - Lucknow, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The 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.
(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, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 9.7.2019
R.C.
