Allahabad High Court
Ajeet Singh [email protected] Ajeet Singh vs State Of U.P. on 11 August, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved On:- 03.08.2022
Delivered On:- 11.08.2022
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 708 of 2022
Applicant :- Ajeet Singh Verma @ Ajeet Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Vaish, Prakash Chandra Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth, J.
1. Heard Sri P.C. Srivastava, learned counsel for the applicant and learned A.G.A for the State.
2. The instant bail application has been filed on behalf of the applicant, Ajeet Singh Verma @ Ajeet Singh, with a prayer to release him on bail in Case Crime No. 19 of 2021, under Sections- 406, 420, 467, 468, 409 IPC, Police Station- Nakud, District- Saharanpur, pendency of trial.
3. There is allegation against the applicant is that while working as cashier in Corporation Bank he has misappropriated huge amounts of the customers detailed in the FIR running into several lakhs.
4. Counsel for the applicant submits that it is a case of absolute false implication by the Branch Manager of the same bank, Kapil Jangpangi. He has further submitted that the informant is co-accused in Case Crime No. 475 of 2020, registered under Sections- 420, 406, 409, 120-B IPC, Police Station- Nakud, District- Saharanpur, wherein FIR was lodged on 29.10.2020. FIR in the present case has been lodged subsequently on 23.01.2021 by the co-accused only to save himself on the basis of false allegations made against the applicant.
5. He has submitted that in the earlier case, the applicant and the informant of this case both were accused by the borrower of the bank loan and only thereafter the co-accused of the aforesaid case has lodged the present FIR making allegations of cheating and criminal breach of trust and forging of valuable security regarding many other customers of the bank to make out a ground of defense for him. He has submitted that it is a case of false implication and the applicant is in jail since 09.07.2021. No customer of the bank on any high official of bank has lodged the FIR against the applicant. He has no other criminal history except the case mentioned above.
6. On the other hand learned A.G.A has opposed the prayer for bail.
7. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant, Ajeet Singh Verma @ Ajeet Singh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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. 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.08.2022
Rohit
