Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31432 of 2018 Applicant :- Balwan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit has been filed by the learned counsel for the applicant, bringing on record the document annexing therewith extract of the case diary, wherein the Investigating Officer has recorded the names of the Director of the Company, who have indulged in this offence. The name of the applicant is not found in the aforesaid document.
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, Balwan Singh with a prayer to release him on bail in Case Crime No. 1188 of 2017, under Sections 420, 465, 467, 468, 471, 406, 504, 506 IPC, Police Station Kotwali Orai, District- Jalun, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is only an employee of the company. He has been implicated in the present case only on account of being an employee. He is not custodian of the money allegedly deposited nor he can repay the same. The applicant has been implicated by two other aggrieved persons named in the first information report of similar nature, wherein learned counsel for the applicant states that he has been enlarged on bail. He does not have any criminal history to his credit. The applicant is languishing in jail since 13.4.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
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 Balwan Singh involved in the aforesaid crime 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 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 :- 24.8.2018 Ruchi Agrahari