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Allahabad High Court · body

2018 DIGILAW 581 (ALL)

Harvindar Singh v. State of U. P.

2018-03-09

ANIL KUMAR SRIVASTAVA

body2018
JUDGMENT & ORDER : Anil Kumar Srivastava, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. This bail application has been filed by the accused-applicant Harvindar Singh, who is involved in Crime No.172 of 2017, under sections 406,420,467,468,471,411 IPC and Section 66 I.T. Act, Police Station Aliganj, District Lucknow. 3. Learned counsel for the applicant submits that first information report was lodged by one Dr. Deepak Kumar Pandey regarding withdrawal of Rs.10,000/- from his account by using a clone ATM. Subsequently, a recovery was made from possession of the accused-applicant alongwith co-accused on 9.5.2017 wherein seven persons were arrested alongwith some mobile sets, swipe machine etc. Confessional statement of accused was recorded wherein it is stated that they used to swipe the ATM of the persons who are interested in Pradhan Mantri Awas Yozna wherein the form was to be obtained after payment of Rs.25/- two ATM cards alleged recovered could not be connected with any crime. No report of forensic science laboratory was obtained till date and which have been observed by this Court in bail No.8269 of 2017 of the accused-applicant. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant. 5. Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant Harvindar Singh is entitled to be released on bail. 6. Let the accused/applicant Harvindar Singh, involved in Crime No.172 of 2017, under sections406,420,467,468,471,411 IPC and Section 66 I.T. Act, Police Station Aliganj, District Lucknow, be released on bail subject to the following conditions. (i) The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. (ii)The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.- (a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter. (ii)The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.- (a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter. (b) applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall cooperate with investigation /trial. (iv) 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuse the liberty of bail during trial 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. (vii) The applicant shall remain present, 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.