HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 27
Case :- BAIL No. – 9475 of 2019
Applicant :- Girish Verma
Opposite Party :- State of U.P.
Counsel for Applicant :- Amrendra Nath Tripathi,Ajit Shukla
Counsel for Opposite Party :- G.A.
Hon’ble Karunesh Singh Pawar,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for accused-applicant while pressing the bail application submits that no cheating or misappropriation has been committed with the complainant as due payment for the work done amounting to Rs.4.40 lakh and the full security amount, which was with the accused-applicant, were repaid back through bank transfer and two cheques. However, due to fault and unlawful practices of the other Directors of the company, the balance in the company account reduced and one payment amounting to Rs.8,00,000/- through bank transfer has been successfully made to the complainant, it is admitted as per the F.I.R. It is contended on behalf of the applicant that the dispute is of civil nature and does not attribute any criminal offence. No offence under Section 406 I.P.C. is made out as there is no breach of trust ever entrusted to the applicant. Likewise no offence under Section 406 I.P.C. is also made out. Similarly offence under Section 420 I.P.C. is also not made out against the accused-applicant, as the case of the complainant is that the applicant had fraudulently and dishonestly induced the company. Learned counsel for the applicant lastly submits that matter is triable by Magistrate. Applicant is in jail since 08.08.2019.
Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. It is stated by learned A.G.A. that applicant has criminal history of four cases, rebutting the same learned counsel for the applicant has explained the criminal history in the bail application.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant, Girish Verma, involved in Case Crime No.0022 of 2019, under Sections 406 and Section420 I.P.C. Police Station – Vibhuti Khan, District – Lucknow, 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 with the following conditions which are being imposed in the interest of justice:-
(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 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.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 15.11.2019