Rahul Agrawal vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5386 of 2023 Applicant :- Rahul Agrawal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. The present bail application has been filed on behalf of the applicant in Case Crime No.1028 of 2020 under Sections 419, 420, 467, 468, 471 I.P.C. and Section 66-C of I.T. Act, Police Station Kotwali Nagar, District Gonda, with the prayer to enlarge him on bail. Learned counsel for the applicant submits that the applicant is innocent person and he is in jail since 30.12.2022. He further submits that applicant was salary based employee in Annpurna Grih Udyog Akhori Colonelganj, Gonda, his mobile number as well as Adhaar Card was misused and a fabricated firm was created for raising input tax credit and applicant was taken into custody on 30.12.2022. He further submits that during the course of investigation, involvement of main accused was found. He further submits that co-accused, Ram Singh, Alok Jaiswal, Santosh Kumar Jaiswal, Anil Kumar, Amit Agarwal and Aditya Jaiswal, having identical role, have already been granted bail by co-ordinate Bench of this Court, vide orders dated 7.12.2021, 15.12.2021, 17.12.2021 and 24.2.2022 passed in Criminal Misc. Bail Application Nos.5833 of 2021, 6105 of 2021, 6426 of 2021, 9822 of 2021, 7691 of 2021 and 1782 of 2022, respectively (bail orders are appended as annexure No.3 to 8 to the bail application). He further submits that trial is not going on, applicant is ready to cooperate in the trial, therefore, applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused Ram Singh, Alok Jaiswal, Santosh Kumar Jaiswal, Anil Kumar, Amit Agarwal and Aditya Jaiswal have already been granted bail by this Court.

Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused, Ram Singh, Alok Jaiswal, Santosh Kumar Jaiswal, Anil Kumar, Amit Agarwal and Aditya Jaiswal, ground of parity as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail. Let applicant - Rahul Agrawal - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 :- 1.5.2023 Gaurav/- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench