Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11567 of 2018 Applicant :- Amit Jain Opposite Party :- State Of U.P.
Counsel for Applicant :- Varad Nath,Samit Gopal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri S.K. Mishra, learned counsel on behalf of complainant, is taken on record.
Supplementary affidavit filed by Sri Varad Nath, learned counsel on behalf of applicant, is taken on record.
Heard Sri Varad Nath, learned counsel for the applicant, Sri S.K. Mishra, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the parties have arrived at a compromise and have entered into a settlement/agreement by way of a memorandum of understanding. A copy of the agreement has been annexed as Annexure No. 1 to the supplementary affidavit. It is contended in para 5 of the supplementary affidavit that the opposite parties have undertaken that they will not contest the bail application by filing an objection or a counter affidavit. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 14.01.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Amit Jain involved in Case Crime No. 1104 of 2017, under Section 406, 420, 467, 468 and 471 I.P.C., Police Station Indrapuram, District Ghaziabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 Arti