Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28726 of 2018 Applicant :- Ankur @ Rahul Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument of the learned counsel for the applicant is that the applicant was employed in a Non Government Organization known as Jan Nirman Foundation "Trust". He was recruited for the purpose of making smart card on behalf of N.G.O. and Rs.100/- was the cost fixed for making of the smart card. The applicant in due performance of his duty has taken Rs.100/- from the informant for the purpose of making the smart card. The first information report has been lodged showing receipt of amount of Rs.12,000/-, Rs.5,000/- and Rs.2,000/-, which no one will pay for the purpose of making of smart card and the allegations in the FIR are absurd. The applicant has no criminal history and is in jail since 18.6.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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 Ankur @ Rahul sharma involved in Case Crime No.431 of 2018, under Sections 170, 419, 420, 468, 471, I.P.C, Police Station Dankaur, District Gautam Budh Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.7.2018 T. Sinha