Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40534 of 2019 Applicant :- Aditya Goel Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1889 of 2018, under Sections 406, 420, 409 and 120B I.P.C., P.S. Kavi Nagar, district-Ghaziabad, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against ten named accused persons, alleging therein that the accused persons have duped him on the false promise that if he invests money in their projects then they will give good returns. It is also alleged that the informant had given Rs. one crore eighty lac by way of cash and cheques for investment in the company of the accused persons. It is also alleged in the FIR that the informant has received Rs. 50,90,436/- by way of 28 cheques which were given by the company and 13 cheques amount to Rs. 24,30,623/- which were given to the informant were bounced. It is also alleged that the accused persons had committed fraud by embezzling the money of the informant.
Learned counsel for the applicant submitted that the applicant was not named in the FIR. His name as an accused in the present case surfaced for the first time in the confessional statement of co-accused after submission of charge sheet. Neither he has committed any offence nor he has signed the memorandum of understanding on behalf of company. He next submitted that the applicant happens to be son of named accused Awadhesh Kumar Gupta and he has been falsely implicated in the present case with the malafide intention of putting pressure upon the entire family of the accused person. He further submitted that neither the applicant was associated with the said company nor he has received any illegal gain. He also submitted that it was only simple money transaction between the informant and the company and the money was invested in the company to get good return. No criminal offence has been committed either by the alleged accused persons or the present accused. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 20.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by Sri Rajesh Mishra, learned A.G.A. However, he has accepted that neither the present accused was named in the FIR nor any amount was transferred to his Bank account and when the FIR was lodged he was not working in the company in any capacity.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Aditya Goel involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.9.2019 Faridul