HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 8853 of 2020
Applicant :- Ghanshyam Khatri
Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar
Counsel for Opposite Party :- G.A.
This bail application is being disposed of as per the order dated 04.04.2020 of Hon’ble the Chief Justice.
No objection has been received on line from the opposite party.
The allegation of cheating breach of trust, etc., have been levelled against the named accused. Applicant has no direct role in the First Information Report.
From the perusal of the material on record, it appears that the applicant has been implicated subsequently in this case but he has not been assigned any role of taking money from the informant for the purpose of sending two sons of his relative to U.S.A.The necessary ingredients for make it out offence under section 406 I.P.C. is not made out against the applicant since there is no entrustment. The applicant is in jail since 01.01.2020. In para 30 of the affidavit in support of the bail application it has been averred that the applicant has no criminal history.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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.
Let the applicant, Ghanshyam Khatri, who is involved in Case Crime No. 1548 of 2019, under Sections 420, 406, 323, 342, 386, 120-B I.P.C, and 66 of I.T. Act Police Station-Cantt. , District- Varanasi, 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.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon’ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.4.2020
Atul kr. sri.