Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43372 of 2015 Applicant :- Chandra Prakash @ Madhu Opposite Party :- State Of U.P.
Counsel for Applicant :- Swati Agrawal,Abhishek Kumar,Ajay Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Abhishek Kumar, learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, on 20.8.2013 this accused applicant namely Chandra Prakash @ Madhu was arrested by the police and scanned cheque, three stamps, seven C.D. five pendrive/memory card, Chip HP Multi-02 (M), scanned 420 notes of Rs.500/- and scanned six notes of Rs.100/-, total Rs.2,10,600/- were recovered from him. FIR was lodged against this accused Chandra Prakash on 20.8.2013.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 4.9.2013(more than four years and six months) having criminal history of only one case in which he is on bail; he has been falsely implicated in the present case; there was no independent witness; recovery was planted by the police; maximum punishment provided under sections roped against this accused is ten years; till today no charge has been framed against this accused; thre is no possibility to get this case decided in near future; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Chandra Prakash @ Madhu involved in Case Crime No.553 of 2013, under Section 419, 420, 467,468, 471, 489A, 489B, 489C, 489D, 489E IPC read with Section 56 of Foreign Exchange Regulation Act, 1973, Police Station Lalganj, District Basti be released on bail on furnishing a personal bond and two heavy sureties with verification each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.3.2018 P.P.