Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49152 of 2018 Applicant :- Banti Abbasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and the learned A. G. A. for the State.
I have perused the record.
As per prosecution version when the complainant has gone at ATM to withdraw the amount, one unknown lady changed her ATM card and later on withdrawn Rs. 40,000/- from her account. Later on the applicant accused was apprehended in case FIR No. 1135 of 2018 Police Station Sadar Bazar, District- Agra and recovery of Rs. 8,000/- was effected from him.
Contention of learned counsel for the applicant is that the accused- applicant has not been named in the FIR and he has been falsely implicated in the present case due to ulterior motive; in the FIR the allegation was made that one unknown lady has changed the ATM card of the complainant; that the applicant is in jail since 14.10.2018 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail.
Considering the submissions made by the learned counsel for the applicant as well as the learned AGA and considering the record, without expressing any opinion on the merits of the case, at this stage prima facie a case for bail has been made out.
In view of the above, let the applicant Banti Abbasi be released on bail on furnishing a personal bond and two sureties by each, to the satisfaction of the court concerned in Case Crime No. 1111 of 2018 under Sections 420, 411 IPC, P.S. New Agra, District Agra with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 Ujjawal