Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46113 of 2018 Applicant :- Ajay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kumar Yadav Counsel for Opposite Party :- G.A.,Amit Daga,Prabha Shanker Mishra,Vijay Singh Sengar
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State, Sri Amit Daga, learned counsel for the first informant and perused the record.
Applicant- Ajay Singh seeks bail in Case Crime No. 538 of 2017, under Sections 419, 420, 323, 504, 506, 406, 307 IPC, P.S. Civil Lines, District- Allahabad.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the allegation of opening fire upon the victim is absolutely false and there is no medical examination to corroborate the said allegation. Learned counsel for the applicant has next submitted that the applicant had entered into an agreement on 29.12.2015 to purchase the house for which he had made certain payments on different dates to the applicant in the year 2014 itself and agreement to sale has already been entered between them. However, subsequently it was revealed that the applicant was not having legal title over the said house and as such the first informant asked the applicant to return back the money paid to him, pursuant to which, the applicant had issued a cheque amounting to Rs. 4,55,000/- dated 11.8.2017 and another cheque amounting to Rs. 1 lacs on the same date i.e. 11.8.2017. However, when the said cheque was dishonoured the first informant had initiated proceedings under Section 138 of the Negotiable Instruments Act against the applicant, which is in progress. Lastly, it is submitted that the applicant is in jail since 24.8.2018 and allegation of opening fire against the applicant is not corroborated by any medical evidence and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA as well as Sri Amit Daga, learned counsel for the first informant have opposed the prayer for bail, but could not support the allegations of opening fire upon the victim and admitted the fact that for the dishonour of cheques, proceedings under Section 138 of N.I. Act has already been initiated against the applicant and a sum of Rs. 75,000/- has already been paid to him and the fact that the applicant is in jail since 24.8.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Ajay Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties one of which shall be the family member of the applicant of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 21.12.2018 KU