Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3820 of 2019 Applicant :- Dheeraj Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mehul Khare Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri J.B.Singh, Advocate, has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant and the complainant have compromised the matter. As per terms and conditions of compromise, the applicant has deposited first instalment with the complainant within stipulated period with regard to both complaint case. As a consequence of huge business loss and critical situation the applicant could not deposit the remaining balance amount before its due date as per the terms of compromise deed dated 13.2.2018. The non bailable warrant and process u/s 82 and 83 Cr.P.C. was issued against the applicant and in pursuance thereof the applicant was arrested and sent to jail on 29.11.2018. It has been further submitted that the applicant will deposit the balance amount after his release in a suitable time. There is no criminal history of the applicant and is in jail since 29.11.2018 Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicant has not deposited the amount in terms and condition of the compromise dated 13.2.2018 only he has deposited first instalment Rs. 4,80,000/ to the complainant, thereafter he had not deposited the instalment as per compromise dated 13.2.2018. Due to non appearance of the applicant NBW and process 82 and 83 Cr.P.C. was issued and the applicant was arrested, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Dheeraj Sharma involved in Complaint case No. 2960 of 2015, under Section 138 N.I.Act, 1881 Police Station Sector -20 District Gautam Budh Nagar 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2019 Gss