IMPORTANT POINT
Larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 have been taken into account to make a case of bail.

JUDGMENT

Rajeev Misra, J.—Supplementary affidavit filed by learned counsel for applicant in Court today, which is taken on record.

2. Heard Mr. Vijay Pratap Singh, learned counsel for applicant and learned A.G.A. for State.

3. This application for bail has been filed by applicant Kuldeep Singh @ Karan seeking his enlargement on bail in Case Crime No. 817 of 2020, under Sections 420, 467, 468, 471, 411 IPC, P.S. Noida Sector-20, District Gautam Budh Nagar, during pendency of trial.

4. Record shows that an F.I.R. dated 11.9.2020 was lodged by first informant Shailendra Kumar, Chief Manager, F.C.P.G. Group and was registered as Case Crime No. 817 of 2020, under Sections 420, 467, 468, 471, 411 IPC, P.S. Noida Sector-20, District Gautam Budh Nagar. In the aforesaid F.I.R. a solitary unknown person has been nominated as an accused.

5. According to prosecution story as unfolded in the F.I.R., it is alleged that fraud, forgery and cheating have been committed. Subsequent to F.I.R., police proceeded with statutory investigation of aforesaid case crime number. On 18.9.2020 four accused who are alleged to have been involved in above mentioned case crime number were arrested. Certain recoveries were also made from them.

6. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is not named in F.I.R. Applicant has criminal history, but same has been explained in paragraph 3 of supplementary affidavit filed today. Applicant is in jail since 18.09.2020. As such, he has undergone more than six months of incarceration. It is then contended that co-accused Kapoor Singh Dahiya and Jitendra Gulati @ Jatin have already been enlarged on bail by this Court, vide orders dated 20.1.2021 and 12.2.2021 respectively. Same are on record from page 32 onwards of paper book. For ready reference, orders dated 20.1.2021 and 12.2.2021 are reproduced herein under:—

“Learned counsel for the applicant has filed supplementary affidavit today in the Court which is taken on record.

Learned A.G.A. has filed counter affidavit and Shri Kundan Rai, learned counsel for the informant has filed Vakalatnama as well as counter affidavit today in the Court, which is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.817 of 2020, under Sections 420, 467, 468, 471, 411 I.P.C., Police Station Noida Sector 20, District Gautam Budh Nagar.

Learned counsel for the applicant submits that according to the F.I.R., the applicant and co-accused after preparing forged Aadhar Card, Pan Card used at different shops. He further submitted that Rs.6, 23,000/- cash, 44 gms. of 7 gold biscuits, 7.20 gms. golden earring, 16 Swipe Machine of different banks, 60 Credit Cards, 9 Debit Cards, 8 Pan Cards, 8 Aadhar Cards, 1 motor card, 6 batch report, 7 plain role of swipe machine, 80 credit cards, 2 Swift Dezire car bearing No.DL-8-CQ-4911 and Tarrona bearing No.-DL-CAF-2467, three mobile phone and on phone pay bar code were recovered. He further submits that 4 Aadhar Card, 8 Credit Card, Rs.1,900/- and on his pointing out Rs.1,12,000/- were recovered. He further also submitted that as per F.I.R. 32 cases were revealed but from the recovery, no case has been made out. He next submitted that there is no link evidence, how the applicant used to collect information. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 24.01.2019.

Per contra, learned A.G.A. and learned counsel for the informant has opposed the bail praye