HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50767 of 2019
Applicant :- Heeralal Vaishnav
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Heeralal Vaishnav, who is involved in case crime no. 627 of 2017 under Section 406 I.P.C., Police Station- Kotwali, District- Etawah.
Allegedly, number of persons including complainant invested in the term deposit scheme floated by BN Gold Real Estate and Allied Limited, BNG Global India Ltd. Company and the investors on false promise of high returns by way of appreciation were cheated.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case due to ulterior motives; that the applicant has no connection whatsoever in the capacity of Director, promoter or share holder in the alleged Company; that the informant has not paid a single rupee to the applicant either in person or by any bank transaction or other means, which could not be disputed by the learned A.G.A.; that the transactions of money was made in the bank account of the said company and the applicant has no concern in any way with the alleged bank account; that in the similar nature of cases in the State of M.P., accused have been granted bail, copy of the orders are annexed in the affidavit filed in support of the bail application. It is lastly contended that the accused applicant is languishing in jail since 28.3.2019 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has vehemently opposed the prayer for bail and submits that the applicant was working in the aforesaid company as Senior Marketing Manager and several cases in similar nature have been lodged against the applicant in other State also.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.2.2020//Fhd.