Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33749 of 2018 Applicant :- Dileep Rai Balwani Opposite Party :- State Of U.P.
Counsel for Applicant :- Udai Karan Saxena Counsel for Opposite Party :- G.A.,Ravi Sahu,Vivek Shandilya
Hon'ble Siddharth,J.
Heard Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri U.K. Saxena, learned counsel for the applicant, learned A.G.A. for the State and Shri V.K. Tiwari, learned counsel for the informant.
The allegation against the applicant is that he has accepted large amount along with the co-accused from the informant on the promise of providing job. He has neither provided job nor is returning the money.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail.
In the counter affidavit filed on behalf of the informant two cheques of Rs.4,00,000/- and Rs.2,00,000/- have been shown as the cheques, which were returned by the accused-applicant to Manoj Srivastava and Ram Avtar. In the first information report neither Manoj Srivastava nor Ram Avtar have been mentioned as the informant. The cheque of Rs.15,70,000/- has also been returned in the name of Mansukh Lal, who is not found to be informant in the present case.
Learned counsel for the applicant has submitted that as per Section 120A, IPC, the informants are equally liable for entering into contract for illegal purpose and therefore, such a contract cannot be enforced by law. The applicant is in jail since 20.7.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dileep Rai Balwani involved in Case Crime No.665 of 2017, under Sections 419, 420, 467, 468, 471, 406, 504, 506, I.P.C, Police Station Kotwali Orai, District Jalaun 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 19.9.2018 T. Sinha