Rejoinder Affidavit filed today is taken on record.
Applicant-Anil Katiyaar seeks bail in Case Crime No. 363 of 2009 under Sections 420, 467, 468, 471 and 408 I.P.C., Police Station Sikandra, District Agra.
Heard Sri Dhruva Narayana assisted by Sri Namit Srivastava as well as Sri R.L. Verma, learned counsel for the applicant, Sri Jagdish Singh Sengar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant submits that the applicant has been serving as an employee assistant with Roger industries limited, in which, informant is being Managing Director along with his wife and Euro Safety Footwear (India) limited for the last 18 to 20 years. The applicant has not been assigned any specific work in either of the two companies. Although, as per the first information report, it is alleged that the applicant was looking after the work connected with bank, excise and courier, while both the companies having cashiers, managers and accountants etc. It is further submitted that the applicant has not at any point of time ever since his employment as employee assistant since 1991 been ever made to hold any such position in either of the two companies. He has further submitted that the applicant was taken on police remand for two days but the I.O. of the case failed to collect any information or documents which could involve the applicant in the present crime. He further submits that all the offences mentioned above, are triable by the Magistrate. The applicant is in jail since 28.7.2009 and the trial has not commenced and is likely to take some more time to conclude and more over he has no criminal history to his credit, thus deserves to be released on bail at this stage.
The bail is, however, opposed by the learned AGA.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were dully considered.
Considering totality of circumstances, I consider it a fit case to enlarge the applicant on bail Without expressing any opinion on the merits of the case, let the applicant- Anil Katiyaar involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 250,000/- and two sureties each in the like amount to the satisfaction of the court concerned and executing an undertaking in the following terms:
1. The applicant shall appear on every date before the trial court and shall not seek unnecessary adjournment.
2. The applicant shall not tamper with evidence in any manner.
3. The applicant shall report to the court of C.J.M. Concerned in the first week of each month till the conclusion of the trial to show his good conduct and behaviour. In default of any of the aforesaid conditions, the bail granted to the applicant shall be deemed to be canceled and he shall be taken into custody by the court concerned.
Order Date :- 18.1.2010 SFH