Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43767 of 2019 Applicant :- Dheeraj Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 174 of 2019, under Sections 419, 420, 406, 467, 468, 471, 170 IPC, P.S. Kolhui, District- Maharajganj, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per prosecution case allegation against the applicant is that he has taken an amount of Rs. 3,50,000/- from Anupam Singh (cousin brother of the informant), Rs. 5,50,000/- from Sani Kumar Sahni and Rs. 1,50,000/- from Shaktiman Yadav in cash on the assurance and promise to provide government job to them, but they did not get job. Subsequently, on demanding money and mounting pressure upon the applicant, he has returned an amount of Rs. 1,84,000/- before lodging FIR. The main substratum of arguments of learned counsel for the applicant that so far as allegation of giving aforesaid amount in cash to the applicant is concerned, there is no evidence in this regard. The allegations are false and against the evidence on record. The applicant has criminal history of one case being case crime no. 100 of 2017 under Sections 489A, 489B, 489C IPC, in which he has been granted bail on 4.4.2017. The applicant is languishing in jail since 2.8.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Dheeraj, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 29.11.2019 AK Pandey