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Judgment
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is the second bail application filed under Section 439 Cr.P.C. by the applicant for enlarging him on bail in Case Crime No.176 of 2020, under Sections 420, 467, 468, 471, 120-B, 379, 411 I.P.C. and Section 67 of Information Technology Act, 2000, Police Station Bhiti, District Ambedkar Nagar. The first bail application was dismissed for want of prosecution vide order dated 14.12.2020.
As per allegation in the FIR, Rs.3,00,000/- were withdrawn fraudulently from the complainant's bank account. The name of the applicant surfaced during the course of investigation and Rs.78,800/- were recovered from the possession of the applicant which were allegedly withdrawn from the bank account of the complainant. Co-accused Satyanarayan Tiwari @ Bachcha Tiwari has been granted bail by a co-ordinate Bench of this Court vide order dated 27.01.2021 passed in Bail No.7594 of 2020.
Learned counsel for the applicant submits that the role of co-accused Satyanarayan Tiwari @ Bachcha Tiwari is prominent in the commission of offence. He further submits that the accused applicant is ready and willing to deposit Rs.50,000/- as a condition precedent for bail without prejudice to the rights and contentions in the trial.
Considering the facts and circumstances of the case as well as the fact that co-accused Satyanarayan Tiwari @ Bachcha Tiwari has been granted bail by a co-ordinate Bench of this Court vide order dated 27.01.2021 passed in Bail No.7594 of 2020 and accused applicant is ready and willing to deposit Rs.50,000/- as a condition precedent, let the applicant Ajay Yadav @ Kallu involved in Case Crime No.176 of 2020, under Sections 420, 467, 468, 471, 120-B, 379, 411 I.P.C. and Section 67 of Information Technology Act, 2000, Police Station Bhiti, District Ambedkar Nagar 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 on following conditions:-
(i) The applicant shall deposit Rs.50,000/- in the trial court within a period of four weeks from the date of his release on bail. The amount so deposited shall be disbursed to the complainant on being verified by the trial court.
(ii) In case the applicant fails to deposit Rs.50,000/- within a period of four weeks from the date of his release, then the order granting him bail shall be treated to be cancelled and the applicant shall be taken into custody forthwith.
(iii) The applicant will not tamper with the evidence during the trial.
(iv) The applicant will not pressurize/ intimidate the prosecution witness.
(v) 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.
(vi) 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.
(vii) 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.
(viii) 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.