Pawan Kumar Yadav @ Ankit vs. State Of U.P. Thru. Its Prin.Secy. Home Deptt.

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4419 of 2024

Applicant :- Pawan Kumar Yadav @ Ankit Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Home Deptt. Counsel for Applicant :- Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the applicant and learned AGA for the State-respondent.

By means of the instant bail application, the applicant seeks bail in respect of FIR/Case Crime No.0547/2023, under Sections 406, 420, 379, 411 IPC, Police Station Chinhat, District Lucknow.

The submission of the learned counsel for the applicant is that the applicant has been falsely implicated.

Further submission of the learned counsel for the applicant is that as per the version contained in the FIR, it is alleged by the complainant that while she was gone to the ATM of Bank of Baroda, two unknown persons by duping the complainant had withdrawn cash and utilized the said ATM Card for online shopping.

In furtherance of the said FIR, the applicant is allegedly apprehended after eight days and as per the recovery memo, it is alleged that from the wallet of the applicant 80 debit cards were recovered.

The submission is that the alleged recovery memo is also false as there is no public witness. Apart from the fact that it is most improbable that 80 Debit Cards/ATM Cards can be kept in Wallet in the pocket of the applicant. Moreover, there is no incriminating articles to indicate that the said ATM/Debit Cards were utilized by the applicant for any online shopping or withdrawing sum of Rs.1,00,380/- as such huge amount cannot be withdrawn from the card. There is nothing to indicate that what was purchased from the online shopping using the said ATM/Debit Cards.

It is urged that the applicant has also explained his criminal history and on the aforesaid circumstances, the applicant is languishing in jail since 25.12.2023, hence, he may be enlarged on bail.

Learned A.G.A., on the basis of material in the case diary available with him, has opposed the prayer for bail, however, could not dispute the aforesaid facts.

Considering the rival submissions of the parties, this Court finds that the manner in which the incident has been narrated in the FIR as well as the recovery memo has not been inspired confidence and also considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

Let the applicant Pawan Kumar Yadav @ Ankit involved in FIR/Case Crime No.0547/2023, under Sections 406, 420, 379, 411 IPC, Police Station Chinhat, District Lucknow be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

At the time of executing required sureties the following conditions shall be 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 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.

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

Order Date :- 27.4.2024 Rakesh/-