Sushil Kumar Dwivedi v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51139 of 2023 Applicant :- Sushil Kumar Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Sarvanand Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

¶2The present application for bail has been filed seeking bail in Case Crime No.433 of 2020, under sections 406, 419, 420, IPC, Police Station Kotwali, District Jaunpur.

¶3Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motives. It is submitted that complainant has deposited Rs.1,10,000/- in the account of present applicant and Rs.1,08,500/- has been deposited in the account of co-accused Ajay Kumar Mishra, total amount of Rs.2,18,500/- only, on different dates. It is further submitted by learned counsel for the applicant that as per telephonic conversation the applicant is ready to returned the amount of Rs.1,10,000/- to the complainant, which he deposited in the account of present applicant, within 15 days from the date his release from jail. Apart from present case, the applicant has criminal history of one more case in which he has been enlarged on bail, which has been explained in para-16 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 29.10.2023 in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the above mentioned facts.

¶5Considering the facts and circumstances of the case and taking into account that applicant is ready to return the amount of Rs.1,10,000/- which he received from the complainant in his account, criminal history of the applicant is well explained in para-16 of the affidavit filed in support of the bail application, applicant is languishing in jail since 29.10.2023 and undertakes that in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6Let applicant Sushil Kumar Dwivedi be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(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 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and 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.

(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 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. Applicant is directed to returned the amount of Rs.1,10,000/- to the complainant within 15 days from the date of his release from jail. If the amount is not returned within time by the applicant the present bail application shall automatically cancelled and the court concerned shall be at liberty to take coercive action against the applicant. (Renu Agarwal,J.) Order Date :- 6.12.2023/VKG High Court of Judicature at Allahabad High Court of Judicature at Allahabad