HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51237 of 2025 Court No. - 80
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record.
2. Learned counsel for the applicant is permitted to implead Yogendra Sharma, as opposite party No.2. in the array of the parties.
3. The present application has been preferred with following reliefs:-
"1. The learned Additional Chief Judicial Magistrate Court No. 1, Meerut to release the bank draft of Rs. 2,00,000/- (Two lac only) and FDR Rs. 3,28,000/- (Three lac twenty eight thousand only) with upto date interest thereon to the applicant (Shiv Kumar Malik)/ first-informant upon furnishing surety to the satisfaction of the Court in Case No. 15817 of 2019 arising out of Case Crime No. 545 of 2019 under Section 420, 467, 468, 471, 504 and 506 IPC, Police Station Nauchandi, District Meerut.
2. The Ld. Additional Chief Judicial Magistrate Court No. 1, Meerut may be directed to declare the accused Yogendra Sharma as proclaimed offender and thereafter, proceed the trial of Case No. 15817 of 2019 arising out of Case Crime No. 545 of 2019 under Section 420, 467, 468, 471, 504 and
506 IPC, Police Station Nauchandi, District Meerut. In absentia under the provisions of Section 356 BNSS." Versus
Counsel for Applicant(s) : Anurag Sharma, Nilesh Tripathi
Counsel for Opposite Party(s) : G.A. Shiv Kumar Malik
.....Applicant(s)
State of U.P.
.....Opposite
Party(s)
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4. A perusal of the record indicates that this Court by means of its order dated 10.1.2020 passed in Criminal Misc. Bail Application No. - 1527 of 2020 (Yogendra Sharma Vs. State of U.P.) while granting bail to the opposite party No.2 herein, gave the following directions:-
"Let the applicant Yogendra Sharma, be released on bail in the aforesaid case crime number subject to deposit of Rs. 2,00,000/- (Two lac only) by way of demand draft in the name of trial court and on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The remaining amount i.e. Rs. 3,28,000/- (Three lac twenty eight thousand only) shall be deposited by the applicant within one month from the date of release on bail by way of demand draft in the name of trial court.
ii) The aforesaid amount so deposited by the applicant shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the completion of trial. The deposit so made, shall be subject to final decision of the trial.
iii) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
iv) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(v) The applicant will not indulge in any unlawful activities.
(vi) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in NA528 No. 51237 of 2025
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no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order."
5. A perusal of the bail order quoted above clearly indicates that the deposit of money i.e. Rs.2,00,000/- (Two lac only) and Rs. 3,28,000/- (Three lac twenty eight thousand only), which has been made by the opposite party No.2 under the orders of this Court, has to abide by the final decision of the trial Court.
6. This Court while exercising powers under Section 528 B.N.S.S. cannot modify the order granting bail after a lapse of about 6 years. Furthermore, release of the money in favour of the applicant on furnishing adequate security could be made only of case property. The money deposited by the accused as a condition for bail cannot be released in favour of the applicant before the conclusion of trail and the adjudication of the guilt of the accused.
7. In such circumstances, the prayer made by the applicant for release of the amount deposited under the bail order dated 10.1.2020 passed by this Court, is misconceived and is hereby,
rejected.
8. The second prayer made by the applicant is for directing the concerned Court to declare the opposite party No.2 as a proclaimed offender. A perusal of Section 82 Cr.P.C. indicates that a proclaimed offender can be declared only in respect of an accused of offences punishable under sections 302, 304, 364,
367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402,
436, 449, 459 or 460 I.P.C. For ready reference, Section 82(4) Cr.P.C. is being reproduced hereinbelow:-
"Where a proclamation published under Sub-Section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a NA528 No. 51237 of 2025
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declaration to that effect."
9. In such circumstances, no such direction can be given for declaring the accused as a proclaimed offender as the opposite party No.2 is an accused of offences under Sections 420, 467, 468, 471, 504 & 506 I.P.C. As such, this prayer of the application can also not be accepted and is therefore, rejected.
10. It is, however, made clear that observations made in this order shall not preclude the Trial Court from adopting all available legal measures to secure the presence of the accused and to proceed against the accused in accordance with the law.
11. With the observations, this application stands dismissed.
January 5, 2026
Sachin NA528 No. 51237 of 2025
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(Rajiv Lochan Shukla,J.)
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