Heard learned counsel for the accused applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been moved under Sections 419,420, 406, 504 and 506 I.P.C., P.S. Maniar, District Ballia in Case Crime No. 159/09.
It is contended that according to prosecution, the accused applicant has fraudulently obtained money from the persons including the informant for securing a job in Saudi Arabia. It is contended that he has taken about four lakhs rupees from four persons. Subsequently on being inquired about the job, he tried to avoid and lastly when he was asked to specifically state about the securing of the job, it is alleged that he has threatened the accused persons whereupon the F.I.R. has been lodged.
It is pointed out by the learned counsel for the accused applicant that as per versions in the F.I.R., the incident took place on 10th of November, 2008 but he referred to the document placed as Annexure-8 to his bail application at page 40, a copy of pass port, which exhibits that he landed on 10th of November, 2008. His commission of the offence at the relevant date at Delhi is not practically possible. It is further contended that this fact on being brought to the notice of lower court during course of argument. The further statement of the informant was recorded in which he submitted that incident took place in between 10 to 15 th November, 2008. This subsequent amendment creates a suspicion about the actual time and place of the incident as pointed out by the learned counsel for the accused applicant.
As against this, the learned counsel for the State pointed out that the accused applicant has committed an offence in between the period as has come specifically in the subsequent statement.
Without going into merits of the case at this stage about the relevancy of the statement in the F.I.R. and the subsequent version as has come out during the investigation after being pointed out by the learned counsel for the accused applicant at the time of bail before the Lower Court, I think it expedient that the accused applicant be enlarged on bail.
Let accused applicant Ajimuddin Siddiqui involved in Case Crime No. 159/2009 under Sections 419,420, 406, 504 and 506 I.P.C., P.S. Maniar, District Ballia be enlarged on bail on his furnishing a personal bond of Rs.1,00,000/- and two sureties each in the like amount to the satisfaction of Magistrate concerned plus following undertaking that:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/intimidate the prosecution witness.
3. The applicant shall not absent himself from appearing in the Court on the date fixed without prior permission of the Court.
4. Till the completion of the trial the applicant shall not leave for any place outside the country without previous permission of the trial court.
Order Date :- 3.2.2010 Meenu