Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35683 of 2018 Applicant :- Anubhav Mittal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Upadhyay,Amar Nath Tiwari,Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Anubhav Mittal with a prayer to release him on bail in Case Crime No. 346 of 2017, under Sections 420, 406, 120-B IPC and 3/4/5/6 Prize Chits and Money Circulation Scheme (Banning Act), 1978, Police Station Kotwali Karwi, District- Chitrakoot, during pendency of trial.
The allegation against the applicant is that he has taken Rs.28,750/- from the informant for the purpose of online investment and the money has been misappropriated by the applicant.
It is argued by the learned counsel for the applicant that the money has been returned to the informant. He undertakes to furnish the evidence of deposit of Rs.28750/- before the C.J.M. concerned.
The concerned Chief Judicial Magistrate is directed to verify the same. In case, the informant is found to have received aforesaid amount by the applicant, the applicant shall be released on bail. In case, the applicant fails to prove the same, the applicant shall not be released on bail.
The applicant is languishing in jail since 06.02.2017.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India 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, let the applicant Anubhav Mittal involved in the aforesaid crime be released on bail, on the aforesaid circumstances, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.9.2018 Ruchi Agrahari