Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24973 of 2019 Applicant :- Ashok O Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Imran Ibrahim,Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant, Shri Jai Shankar Audichya, learned counsel for the informant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Ashok O Patel, who is involved in Case Crime No.1760 of 2010, under Sections 420, 406, 504, 506 of I.P.C., Police Station- Kotwali, District- Bareilly.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. Further contention of the learned counsel for the applicant is that the bone of contention was the supply of certain products and, therefore, the dispute is essentially a commercial one. He further submits that the first informant i.e. the supplier/super- stockist has also initiated a pre-litigation mediation and, therefore, submits that if the applicant remains in jail, the efforts, which are being made by the super-stockist would fail. It is still further submitted that the applicant has no other criminal history and is in jail since 08.05.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned counsel for the informant and the learned A.G.A. opposed the prayer and submitted that since the offence is made out, the applicant should remain behind the bars.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Ashok O Patel, be released on bail in Case Crime No.1760 of 2010, under Sections 420, 406, 504, 506 of IPC, Police Station Kotwali, District Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
However, it is directed that the trial Court shall conclude the trial expeditiously, preferably within a period of one year and it shall be conducted on day to day basis.
Learned counsel for the applicant, at this stage, submits that he resides in Gujarat, therefore, he may be permitted to appear in the proceedings through counsel.
Considering the said submission, it is observed that the applicant shall move an application for his exemption before the Trial Court and an order shall be passed thereon within one month from the date of presentation of the said application. However, whenever it shall be essential for the applicant to appear before the trial Court for the proper conduct of the trial, he shall definitely appear.
Order Date :- 25.6.2019 Ram Murti