Allahabad High Court grants bail to cheating accused
The Allahabad High Court has granted bail to Rt Rev Dr Peter Baldev accused of cheating and criminal conspiracy.
A single-judge bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Rt Rev Dr Peter Baldev.
By means of the bail application, the applicant has prayed to be enlarged on bail in case at Police Station Civil Lines, District Prayagraj under Section 406, 419, 420, 467, 468, 471, 120-B IPC.
The applicant has been in jail since 29.07.2022. His bail application was rejected by the trial court on 05.11.2022.
The following arguments made by Nitin Chopra, counsel for the applicant, which could not be satisfactorily refuted by Syed, counsel holding brief of Laxman Pathak, counsel on behalf of the informant and Paritosh Kumar Malviya, AGA-I from the record, entitle the applicant for grant of bail:
(1) The applicant is the Bishop of Diocese Education Board and ex-officio of Committee of Management of the institution.
(2) The applicant is not a drawing and disbursing authority of the funds of the institutions.
(3) The funds of the institution are regularly audited and tax returns are also filed on an annual basis.
(4) The accounts are placed before the Committee of Management for scrutiny on a regular basis.
(5) There has been no defalcation of funds of the institution.
(6) No child or guardians have made any complaints as regards the quality of education or legitimacy of the institution.
(7) The applicant has explained his criminal history. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the bail application.
(8) The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the Court allowed the bail application.
The Court ordered let applicant Rt. Rev Dr Peter Baldev be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.