Allahabad High Court
Junaid vs State Of U.P. on 14 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:86792
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18566 of 2024
Applicant :- Junaid
Opposite Party :- State of U.P.
Counsel for Applicant :- Avinash Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Avinash Pandey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.1003 of 2018, under Sections 420, 465, 468, 470, 471 I.P.C., 3/7 Essential Commodities Act, 66D Information and Technology Act and Section 34 Aadhaar (Targeted Delivery of Financial and Subsidies, Benefits and Services) Act, Police Station Kotwali Nagar, District Muzaffarnagar, during the pendency of trial.
4. As per prosecution story, the Supply Inspector is stated to have instituted the FIR on the basis of the report of the Food Commissioner, Lucknow, wherein it was alleged that the applicant and other co-accused persons had misused the electronic kanta and conducted interpolation in it by changing the names of the cardholders and thereby caused loss to the State Exchequer by diverting wheat and rice allotted to the genuine cardholders.
5. Learned counsel for the applicant has stated that the applicant is the brother of co-accused person Javed and has been falsely implicated in the present case. He has nothing to do with the said offence. It is stated that the applicant is stated to have applied his thumb impression and had helped the co-accused persons. The role of the applicant is at a different footing to the co-accused persons.
6. Learned counsel for the applicant has further stated that in all seven cases have been foisted on the applicant at a go and he has been enlarged on bail in one of those cases. The applicant is yet to apply for bail in five other cases. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 23.02.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. In support of his submission, learned counsel has placed much reliance upon the judgment of Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648, wherein the Supreme Court has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.
8. Learned A.G.A. has vehemently opposed the bail application.
9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.
10. Let the applicant- Junaid, who is involved in aforementioned case crime 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 evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 14.5.2024
Ravi Kant
(Justice Krishan Pahal)
