Iste Chaudhary @ Istekar v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29517 of 2023 Applicant :- Iste Chaudhary @ Istekar Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Mohammad Khalid,Syed Mohammad Abbas Abdy Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State and perused the record.

¶3In pursuance of the order dated 01.11.2023, learned counsel for the informant, on instructions, submits that his client is ready to receive the demand draft of Rs. 10 lakhs in respect of the dispute which has arisen out by the present F.I.R. without prejudice to his right to recover the interest from the applicant through civil court.

¶4Syed Ali Imam, learned counsel for the applicant submits that demand draft has been handed over to the learned counsel for the informant without prejudice to the right of the applicant in the trial court proceedings.

¶5Learned Senior Counsel appearing on behalf of the applicant submits that considering the fact that the demand draft no. "000060", 2452400041: 999990" 16 dated 16.10.2023 of Rs. Ten Lakh issued by the HDFC bank has already been paid to learned counsel for the informant the applicant may be enlarged on bail at this stage without prejudice to the right of the applicant in the trial court proceedings.

¶6Learned counsel for the informant does not oppose the bail application subject to the condition that the informant may be at liberty to claim interest on the disputed amount through the process of law.

¶7The applicant is entitled to be enlarged on bail on payment of amount of Rs. 10 lakh by the applicant to the informant. The same would not in any manner prejudice to the right of the applicant in the trial court proceedings. The criminal history of the applicant has been explained in paragraph no. 24 of the affidavit. Applicant is languishing in jail since 26.05.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶8The informant is set at liberty to proceed against the applicant in accordance with law for claiming any claim of interest.

¶9Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶10Learned AGA for the State has pointed out the criminal antecedents of the applicant. No material or circumstance has been brought to the notice of this Court with regard to tampering of evidence or intimidating of witness in previous criminal cases. In Ash Mohammad Vs. Shiv Raj Singh, (2012) 9 SCC 446, the Apex Court in para 30 has observed:- "We may hasten to add that when we state that the accused is a history-sheeter we may not be understood to have said that a history-sheeter is never entitled to bail. But, it is a significant factor to be taken note of regard being had to the nature of crime in respect of which he has been booked."

¶11In the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648, the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail.

¶12In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground that he had criminal antecedent.

¶13The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC

¶51Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

¶14No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

¶15It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶16Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State.

¶17Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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.

¶18Let the applicant, Iste Chaudhary @ Istekar, involved in Case Crime No. 289 of 2022, under sections 420, 406, 467, 468, 471, 120B, 506 I.P.C., Police Station Simbhauli, District Hapur, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The 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. v. The 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

¶19In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.11.2023 K.K. Maurya High Court of Judicature at Allahabad