Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30474 of 2019 Applicant :- Anil Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Anil in connection with Case Crime No. 104 of 2019, under Sections 420, 467, 468, 471 IPC, P.S. Patiyali, District Kasganj.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that applicant was an agent of company who has taken recurring deposit from the investors. He further submitted that complainant has also invested his money in the company and he has also paid more that Rs. 60,000/-. He further submitted that no illegal gain was received by the applicant, who was alleged to be the agent of the company Guru Sai Real Estate and Allied Ltd. He further submitted that company has gone bankrupt. He further submitted that present applicant is ready to pay Rs. 25,000/- to the complainant within a period of two months from his release. Lastly he submitted that the applicant is languishing in jail since 25.05.2019 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.
Learned AGA has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Anil be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall deposit Rs. 25,000/- within a period of two months from the date of his release from jail.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.7.2019 Ujjawal