Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49589 of 2019 Applicant :- Chandan Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
This is an application for bail moved on behalf of accused-applicant, Chandan Kumar involved in Case Crime No. 1438 of 2018, under sections 323, 406 and 420 IPC, P.S. Kowali Nagar, District Bulandshahr.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
It is submitted by learned counsel for the applicant that as per prosecution case, co-accused Sanjay Sharma in collusion with present applicant has extracted an amount of Rs. 12,00,000/- from the first informant on the assurance and promise to provide Government job to his son in the Ministry of Agriculture, New Delhi and his son-in-law in Railway Department on the post of T.C. It is further submitted by leaned counsel for the applicant that he has not taken any amount from the first informant and he has been implicated in this case mentioning that he was also in collusion with the main accused Sanjay Sharma. Therefore, he is entitled to be released on bail. It is also submitted that applicant has explained his criminal history of two cases by contending that in both the cases, applicant has been granted bail on 6.6.2017 and 23.1.2018, but he could not release on bail on account of non complying the condition of bail order. Learned counsel for the applicant lastly submitted that the applicant has been in jail since 19.8.2019.
Per contra, learned AGA pointed out that the applicant is having a criminal history of similar nature and accused persons in collusion with each other are used to extract money from the innocent persons on the assurance and promise to provide Government job adopting different modus operandi.
Having considered the facts and circumstances of the case, nature of offence, the gravity involved therein and the manner in which the crime has been committed and short detention period of the applicant and further considering the fact that in the first information report, name and parentage of the applicant are mentioned as Chandan Singh S/o Sunil Sahu, resident of Sector-8 Dwarika New Delhi, New Delhi, Delhi Bharat, but in the instant application as well as in bail rejection order dated 26.9.2019 passed by Additional Sessions Judge, court No. 1, Bulandshar in Bail Application No. 3289 of 2019 (State vs. Chandan Kumar), name and parentage of applicant have been mentioned as Chandan Kumar S/o Sunil Rao, resident of Mohalla Chandpur, police station Vihar (Sharif) district Nalanda, Bihar and also in the orders passed by coordinate Bench of this Court dated 23.1.2018 and 6.6.2017 in Criminal Misc. Bail Applications No. 2362 of 2018 and 20134 of 2017 filed by the applicant before this Court, the name of applicant has been mentioned as Chandan Kumar, for which no proper explanation has been given by the learned counsel for the applicant, no case for bail is made out.
In view of the above, I am not inclined to grant bail to the present applicant at this stage.
The bail application of the applicant is hereby rejected.
Order Date :- 27.11.2019 Sumaira