Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6270 of 2019 Applicant :- Annu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Shukla,Surendra Kumar Srivastava,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Krishna Kant Dwivedi
Hon'ble Ajit Singh,J.
Supplementary Affidavit filed by the learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 534 of 2018, under Sections 381/411 I.P.C., Police Station Kotwali, District Jhansi, seeking enlargement on bail during the trial.
As per prosecution version, the complainant has lodged the first information report against the applicant Annu S/o Mool Chandra with the allegation that the accused applicant on 07.09.2018 at about 2.30 P.M. had gone to deposit Rs.3,50,000/- in the State Bank of India, Branch Talaiya, District Jhansi and without depositing the money in the Bank, he had ran away with the money, and thereafter, first information report was lodged on the same day.
Learned counsel for the accused-applicant has submitted that the accused-applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive and it is evident from the first information report itself that the accused- applicant was working as Muneem (Clerk) with the complainant and wages were not paid by the complainant and when he demanded his wages, this false case has been lodged against him.
It was further submitted that the alleged recovery of Rs.1.50 lacs shown from the house of the accused is totally false and there is no public witness of the said recovery. The said seized amount was the amount of sister's husband (brother-in-law), who has got this amount in a compensation case.
He next submitted that the offence is triable by the Court of Magistrate and the accused-applicant is in jail since 17.10.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the overall facts and circumstance, 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 is allowed.
Let the applicant- Annu involved in the aforesaid crime be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.9.2019 SFH