Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22592 of 2019 Applicant :- Bhavendra Pathak Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Bhavendra Pathak has prayed to release him on bail in Case Crime No. 116 of 2019, u/s 420, 467, 468, 471 I.P.C., P.S. Singhawali Ahir, District Baghpat.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number. There is no evidence of any fraud or any manufacturing or fabricating valuable sureties or documents except recovery of one alleged Insurance Cover Note of IFFCO TOKIYO General Insurance, which was said to be fraudulent and that too on the basis of confessional statement made by applicant, whereas no such confession was ever made nor any document was ever manufactured or fabricated. The accused- applicant is running a cyber caffe in the name of 'PATHAK DATA NET' and he assists persons in depositing online premium against Insurance Policy etc. and this was a copy of the document of that. Moreso, except confession of the applicant there is no other evidence and the offence is exclusively triable by Magistrate 1st Class. He is of no criminal antecedent other than two explained in the affidavit. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both sides and considered the material placed on record, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Bhavendra Pathak, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.5.2019 Pcl