Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20135 of 2018 Applicant :- Daljeet Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vrindavan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Imran Ullah, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated in the offence due to ulterior motive. Allegations levelled in FIR being false and frivolous, earlier a closure report in the matter was filed, thereafter, the matter was reinvestigated and on the basis of statement of the third informant and his family member, the chargesheet has been filed. Applicant is a person aged 62 years having no other criminal history prior to registration of the present FIR.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case specially the age of the applicant and accusation of the victim and without expressing any view on merit, I find it to be a case pf bail.
Let applicant Daljeet Singh be released on bail in Case Crime No. 531 of 2016, under Section 420 I.P.C., P.S. Noida, Sector- 20, District Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2018 Deepika