Anoop Pal v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51264 of 2023 Applicant :- Anoop Pal Opposite Party :- State of U.P. Counsel for Applicant :- Jaideep Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Jaideep Pandey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.22 of 2020, under Sections 419, 420 I.P.C. and Section 66-D IT Act, Police Station-Cyber Crime, District-Moradabad, during the pendency of trial.

¶4As per prosecution case, one Alok Sharma is stated to have made a phone call from the mobile no.9641034087 to that of the informant, whereby in all Rs.7.64 lakhs are stated to have been debited from the account of the informant and his wife.

¶5Learned counsel for the applicant has argued that he has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant is a petty laborer and has nothing to do with the said offence. Learned counsel has stated that Rs.1.5 lakh was transferred to the account of the applicant and the co-accused persons Praveen Kumar and Dharmendra Kumar released the said amount to their accounts. The said Praveen Kumar asked the applicant that the father of his close associate was admitted to hospital, as such he needed his account to credit certain amount.

¶6Several 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. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since

29.10.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering 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.

¶9Let the applicant-Anoop Pal, 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It 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 :- 30.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad