Allahabad High Court
Shyam vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 1 May, 2025
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:25030
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3685 of 2025
Applicant :- Shyam
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko
Counsel for Applicant :- Navneet Yadav,Aahuti Agarwal,Abhishek Khare,Mohd. Yasir
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard Mr. Navneet Yadav and Ms. Aahuti Agarwal, learned counsels for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.
2. First bail application has been filed with regard to Case Crime No.0142 of 2024 under Sections 319(2), 318(2), 338, 336(2), 340,61(2)(a ) of BNS and Section 66D of I.T. (Amendment) Act, Police Station Cyber Crime, District Lucknow.
3. As per contents of first information report, the incident is said to have taken place on 21.08.2024 when informant was placed under digital arrest for one and a half days and was defrauded of an amount of Rs.48,00,000/- due to impersonation of certain persons as police authorities.
4. Learned counsel for applicants submits that he has been falsely implicated in the charges levelled against him since there is neither any recovery from him nor statement of any credible witness against him. It is submitted that it is only on alleged confessional statement of one Raj Kumar Singh, that applicant has been apprehended and even as per recovery memo, only confessional statement of applicant has been used as evidence against him. It is submitted that the said Raj Kumar Singh has already been enlarged on bail by this Court in Bail Application no.850 of 2025. It is submitted that other co-accused such as Pankaj Surela, Anshul Mahor and Sagar Singh have also been enlarged on bail on the same allegations and evidence vide orders passed by this Court in Criminal Misc. Bail Applications numbered 69 of 2025, 741 of 2025 and 2233 of 2025 respectively. It is submitted that applicant is under incarceration since 04.12.2024 without there being any direct evidence against him. He does not have any previous criminal history.
5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that charge sheet has already been filed against applicant in aforesaid first information report and as per confessional statement of co-accused, involvement of applicant is clearly made out. It is however admitted that applicant has only one previous criminal history which has been explained.
6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."
"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."
7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that applicant is not named in the first information report and his name has been shown as involved only on the basis of confessional statement of one Raj Kumar Singh who has already been enlarged on bail; at this stage, it appears that there is no direct evidence against applicant, therefore, without expressing any opinion on merits of the case, this Court finds, the applicant is entitled to be released on bail in this case.
8. Accordingly bail application is allowed.
9. Let applicant Shyam, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:-
(i) 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.
(ii) 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 269 of BNSS.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 of BNSS.
(iv) 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 351 BNSS. 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.
Order Date :- 1.5.2025
Subodh/-
