Wednesday, December 6, 2023

Allahabad HC grants bail to company director in fraud case

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The Allahabad High Court has granted conditional bail to Shine City Additional Director Mushtaque Alam in a fraud case registered in Varanasi.

A single-judge bench of Justice Siddharth passed this order while hearing a Criminal Misc Bail Application filed by Mushtaque Alam.

In this case, there is allegation against three named accused persons regarding taking money for investment and misappropriating the same.

The counsel for the applicant submitted that the applicant is not named in the first information report. His name has surfaced during investigation. He is in jail since 13.10.2021.

The counsel for the applicant admitted that the applicant has criminal history of 21 cases, which is in his knowledge, there may be more cases in criminal history of applicant of like nature.

On the other hand, AGA has opposed the prayer for bail but could not dispute the above submissions.

“Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil Vs C.B.I, passed in S.L.P (Crl) No 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail,” the Court observed while allowing the bail application.

The Court ordered,

Let the applicant, Mushtaque Alam, involved in under Sections 409, 420, 467, 468, 471, 120B IPC, Police Station- Cantt, District- Varanasi 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 not tamper with the evidence or threaten the witnesses.

(ii) 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 CrPC is issued and the applicants fail 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.

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC. 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, the complainant is free to move an application for cancellation of bail before the court.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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