Violation of bail conditions, as evidenced by the accused's actions, warrants cancellation of the bail order.

JUDGMENT :

(Subhash Vidyarthi, J.)

1. Heard Ms. Katyayni and Sri Pankaj Shukla, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Syed Imran Ibrahim, the learned counsel for the accused - respondents and perused the record.

2. The present application has been filed seeking cancellation of the order dated 21.10.2020 passed by the learned Additional Sessions Judge, Court No.1, Mathura in Bail Application No. 2832 of 2020 whereby the accused – respondent nos. 2 to 7 have been granted bail in Case Crime No.312 of 2020, under Sections 406, 420, 467, 468, 120-B IPC, Police Station-Nauhjheel, District Mathura.

3. The aforesaid order states that the accused persons were produced before the Court from jail and they had given an application stating that they had taken the money in question from the applicant in the year 2016; that they had entered into a settlement/MOU with the informant; that they had paid a sum of Rs. 40 lacs only to the informant in part performance of the settlement and they had issued post dated cheques to the informant in respect of the balance amount and they further stated that they would follow the terms of the settlement. The order further records that the informant also gave an application stating that she was satisfied with the settlement made by the applicants and the cheques given by them and she had no objection to the bail being granted. The Court further recorded that a perusal of the documents indicated that the accused persons had issued a promissory note stating that ten cheques have been issued to the informant and a compromise has been arrived, a settlement has been entered into between the parties and the MOU had been executed and the accused persons stated that they would follow the terms of the MOU. The Court further recorded that the informant had also filed an application stating that she was satisfied by the promise made by the applicant and she had no objection against grant of bail to the accused person.

4. After noting the aforesaid facts, the learned Additional Sessions Judge observed that keeping in view the facts and circumstances of the case and without going into merits of the case, there was sufficient ground for granting bail to the applicant. After the aforesaid narration and discussion, the Court proceeded to write the operative portion of the order stating that the applicants be released on bail on furnishing a personal bond of Rs. 02 lacs and two sureties of the same amount and an undertaking be obtained from them that during trial they will not go outside the boundaries of the country, they will not influence the witnesses and will remain present in the Court.

5. On 24.12.2021, the present application has been filed seeking cancellation of the order dated 21.10.2020. In the affidavit filed in support of the bail application, it has been stated that the accused persons have not complied with the conditions mentioned in the order passed by the court below, as the cheques which had been given by the accused persons were presented to the bank and same were dishonored for the reason that payment had been stopped by the drawer.

6. On the aforesaid allegations, the applicant filed an application before the learned Additional Sessions Judge, Court No.1, Mathura praying for cancellation of the bail granted to the accused persons. However, the aforesaid application has been rejected by means of an order dated 08.09.2021 holding that the offences with which the accused persons have been charged, are all triable by a Magistrate and the trial was not pending before the Sessions Court. The Court further held that the only conditions imposed in the bail order were that the accused persons will not go outside the boundaries of the country, they will not influence the witnesses and they will remain present on the dates fixed in the trial. The court held that the conditions imposed in the bail order are not related to the Court of S