Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41158

of 2021

Applicant :- Sunil

Opposite Party :- State of U.P.

Counsel for Applicant :- Bhartendu Pathak,Ajay Singh

Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

Heard Sri Ajay Singh, learned counsel for the applicant and

learned A.G.A. for the State through video conferencing and

perused the material placed on record.

Applicant seeks bail in Case Crime No. 8 of 2021 U/S 406, 419,

420, 120B IPC and 66(D) Information & Technology Act,

Police Station Syber Crime, District Agra, during the pendency

of trial.

As per the prosecution story, Ankita Mishra has called the first

informant and stated that LIC amount of Rs. 7,51,540/- has

been refunded and if the first informant wants the money, he

could contact the co-accused Pramod Tiwari. Pramod Tiwari is

said to have directed the first informant to one Prem Chand

Kothari on whose direction, the first informant is said to have

deposited Rs. 3,11,500/- through N.E.F.T. in the accounts

referred by the co-accused persons.

It is submitted by learned counsel for the applicant that the

applicant is not named in the FIR and the similarly placed co-

accused person namely, Suhail Mansoori has already been

enlarged on bail by this Court vide order dated 28.1.2022

passed in Criminal Misc. Bail Application No. 40793 of 2021.

The applicant is languishing in jail since 12.7.2021, having no

criminal history. He further submitted that since the role of the

applicant is identical to that of co-accused person namely,

Suhail Mansoori who has already been enlarged on bail, he is

also entitled to be enlarged on bail on the ground of parity.

The prayer for bail has been vehemently opposed by learned

A.G.A. However, the aforesaid factual aspect of the parity to

the co-accused has not been disputed by him.

Considering the submissions made by learned counsel for the

parties, this Court is of the view that the applicant has made out

a case for grant of bail on the ground of parity.

Let the applicant- Sunil, who is involved in Case Crime No. 8

of 2021 U/S 406, 419, 420, 120B IPC and 66(D) Information &

Technology Act, Police Station Syber Crime, District Agra 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 subject to following conditions. Further, before

issuing the release order, the sureties be verified.

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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.

It is made clear that observations made in granting bail to