Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30417 of 2019 Applicant :- Bappaditya Majumdar Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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. 940 of 2016, under Sections 420 and 506 I.P.C., P.S. Kotwali, district-Mathura, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the first information report was lodged against three persons including applicant, alleging therein that the present accused had taken Rs. 47,000/- from the complainant in the name of fixed deposit scheme and he has not returned the money after maturity. He next submitted that the applicant is the Chief Managing Director of the Company (C.M.D). He has not committed any forgery or fraud and has been falsely implicated in the present case. He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 29.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bappaditya Majumdar 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 in Case Crime No. 940 of 2016, under Sections 420 and 506 I.P.C., P.S. Kotwali, district-Mathura subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. He will return the amount of Rs. 47,000/- to the complainant within two months after the date of his release from the jail.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Faridul