Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40184 of 2019 Applicant :- Chandan Dubey And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sujan Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
This is a bail application on behalf of the applicants Chandan Dubey and Sudhir Dubey (Named as Sudhir Mishra in F.I.R.) in connection with Case Crime No.365 of 2019, under Sections 147, 419, 420, 409, 467, 468, 471, 506, 120-B I.P.C., P.S. Muhamdabad, Mau, District Mau.
The first information report was lodged by the complainant, who is working as Assistant General Manager of G.R.Infra-Projects Company with the allegation that the employee of the company, namely, Niranjan Pareda had opened a new company in the name and style M/s Chitranjan Viswaal and he is causing great loss to the complainant's company and Niranjan Pareda with the help of his associates had stolen the material of the company from the project site and they are making hindrance in the completion of the project.
The submission of learned counsel for the applicants are that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the applicants were assigned the role of intimidation and making hindrance in the work of the complainant's company. He submitted that the applicants are languishing in jail since 26.08.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea but has admitted that the applicants were assigned the role of intimidating the officials of the company and making hindrance in the working of the company of the complainant's company.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Chandan Dubey and Sudhir Dubey (Named as Sudhir Mishra in F.I.R.) involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence. The applicants will not indulged in the similar nature of activities in future and they will not intimidate the officials of the complainant's company and making hindrance in the working of the complainant's company.
ii) The applicants shall not threaten or harass the prosecution witnesses;
iii) The applicants shall appear on the date fixed by the trial court;
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission;
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019 R./