Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39013 of 2021 Applicant :- Ajeet Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report was lodged alleging therein that at Kosi Border forged tax receipts are being issued by taking money. It has been submitted that applicant is not named in the first information report and that during investigation three co-accused persons namely Rajendra @ Raju, Prem Singh and Monu were apprehended and various incriminating documents and laptop etc. were recovered from them and that they have told that they were working for one Ballo @ Balveer and later on the name of the applicant has surfaced in the statement of Ballo @ Balveer. It has been submitted that infact the applicant was working as a waiter at Dhaba and he has been falsely implicated in this case. It has been further submitted that similarly placed co-accused Prem Singh has already been granted bail by this Court vide order dated 7.10.2021 passed in Criminal Misc. Bail Application No. 37229 of 2021. Lastly it was submitted that applicant is languishing in jail since 20.07.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ajeet involved in Case Crime No. 19 of 2021, under Sections 420, 467, 468, 471 of IPC and 66 D of the IT Act, Police Station Cyber Crime, District Agra, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 SA