Allahabad High Court
Lokmani vs State Of U.P. on 28 March, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 20.03.2023
Delivered on 28.03.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38648 of 2022
Applicant :- Lokmani
Opposite Party :- State of U.P.
Counsel for Applicant :- Sayeed Saif Ullah,Archana Singh,Sufia Saba,Syed Ali Imam
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
There is allegation in the first information report lodged by the bank that the applicant is employed as collection agent by the bank in one of its branch. He was collecting money in cash from the customers/account holders of the bank. One of the investor, Indrapal, informed that he had deposited money and produced the deposit slip but no amount was found in his account. Thereafter inquiry was made and it was found that the applicant has collected Rs.37,92,560/- from the customers/account holders but has not deposited the same. He has committed criminal breach of trust. In his deeds his wife and father are also involved.
Learned counsel for the applicant submits that the applicant was working a ''Pigmy' agent for collection of deposit in ''Pigmy Deposit Scheme' on commission basis in June, 2009 and was working since then without any complaint. He has submitted that hand held machine used by the applicant was recovered allegedly from the possession of his father, Hari Singh, on 07.01.2022 but no signature of his father was taken on recovery memo. It has been submitted that the applicant was authorized to collect cash deposit of Rs.50/- to Rs. 500/- per day as per his job agreement and how he collected such a huge amount from 94 customers has not been explained. Charge-sheet has already been submitted against the applicant. There is no change of tampering with the witnesses. He has no criminal history to his credit and is in jail since 12.05.2022.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India 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 considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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.
Let the applicant, Lokmani, involved in Case Crime No.246 of 2022, under Sections 420, 409 I.P.C, Police Station Kosi Kalan, District- Mathura 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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.
Registrar (compliance) is directed to communicate this order to the trial court concerned within a week.
Order Date :- 28.03.2023
SS
