Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34984 of 2018 Applicant :- Dhananjay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava 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, Dhananjay Singh with a prayer to release him on bail in Case Crime No. 274 of 2018, under Sections 419, 420, 406, 467, 468, 471 IPC, Police Station Civil Lines, District- Allahabad, during pendency of trial.
The allegation against the applicant is that the applicant alongwith co- accused has accepted Rs.44 lacs for the purpose of providing job to the number of persons. He has neither provided job nor returned the money. The cheque of Rs. 3 lacs returned by the co-accused Sachin Kumar Singh, has been dishonoured.
Argument is that Sanjay Kumar Singh, who is brother of the applicant, has already filed a complaint against the informant and others regarding the same allegation prior to the present first information report on 7.6.2017 under Section 156 (3) Cr.P.C. The applicant has criminal history of one case. The applicant is languishing in jail since 04.6.2018. 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 prayer for bail 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, larger mandate of the Article 21 of the Constitution of India 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 Dhananjay 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 :- 17.9.2018 Ruchi Agrahari