Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28343 of 2018 Applicant :- Dalvir Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Dalvir Singh with a prayer to release him on bail in Case Crime No. 8 of 2018, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Akrabad, District- Aligarh, during pendency of trial.
The allegation against the applicant is that he has fraudulently withdrawn certain amount from paytm A/c of the informant. The argument of learned counsel for the applicant is that the dispute occurred because due to mistake on the part of the bank, his Adhar Card number was mentioned in the account of informant. It resulted into deduction of money from his account on transaction with paytm account. Subsequently the applicant has returned withdrawn amount to the informant. The informant has also filed an affidavit before the S.S.P., Aligarh and IO that he has received money back, he does not wants to proceed with the criminal case. The applicant is languishing in jail since 7.4.2018. He does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Dalvir Singh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2018 Ruchi Agrahari