While considering a bail application by an accused charged with the offence of cheating and other offences under the Indian Penal Code, the Patna High Court has Granted Bail to the accused After 9 Months in Custody.
As per the prosecution case, some unknown persons entered the house of the informant and told that they are Income Tax Officials and thereafter they started searching his house. The accused persons took away rupees twenty lacs along with gold jwellery
The petitioner contended before the High Court that he is in custody since 04.02.2022 and bears the criminal antecedent of two cases. He further submitted that petitioner is not named in the FIR but during the course of the investigation name of the petitioner has been surfaced on the confessional statement of co-accused Chandan Kumar. Further, the alleged recovery of Rs. 2,50,000/- has been wrongly considered to be the proceeds of crime and as a matter of fact, the said recovery has been made from a joint house.
Granting bail to the petitioner, Justice Alok Kumar Pandey observed that “Considering the facts and circumstances of the case, period of custody, arguments advanced on behalf of both sides, taking into consideration the material available on recordas well as this aspect of the matter that charge has already been framed, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kawaya).”
However, the bail was granted subject to the following conditions:-(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in the bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, which would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (iv) Petitioner shall furnish a mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (v) Petitioner shall not leave the territorial jurisdiction of the concerned trial court without the appropriate permission of the court concerned. (vi) However, if the petitioner violates any of the conditions enumerated above, the trial court is at liberty to cancel the bail bond of the petitioner.
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