Allahabad High Court
Vijendra vs State Of U.P. on 17 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:89545
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13345 of 2023
Applicant :- Vijendra Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Kumar Kushwaha
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Shashank Shekhar, Advocate holding brief of Sri Alok Kumar Kushwaha, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.404 of 2019, under Sections 419, 420, 468, 406, 506, 34 I.P.C., Police Station- Didauli, District- J.P. Nagar, during the pendency of trial.
4. As per prosecution case, the applicant, who happens to be Managing Director of the company, is stated to have usurped an amount of Rs.60,000/- of the informant and totaling in crores of rupees of several consumers.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant has nothing to do with the said offence. The applicant is stated to be Managing Director but the said averment is false as the articles of association of the company has been filed as Annexure-2 to the affidavit filed with bail application, which indicates that Ravi Sharma, Usha Rani, Gajraj Singh, Pinki Goswami and Usha Devi were the Directors of the company and the applicant was simply an agent in the company.
6. Learned counsel for the applicant has further stated that in all twelve FIRs have been instituted against the applicant of similar nature. In support of this 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 of bail is made out.
7. 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 7.10.2020. The fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. In case, the applicant is released on bail, he will not misuse the liberty of bail.
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- Vijendra Singh, 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 :- 17.5.2024
Vikas
(Justice Krishan Pahal)
