Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40134 of 2021 Applicant :- Dinesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 203 of 2020 under Sections 420, 406, 468, 471, 323, 504, 506 I.P.C.
registered at P.S.- Bahadurgarh, District- Hapur.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. There is no evidence against the applicant. Further submitted that co- accused, Mukesh Kumar has been granted bail by Coordinate Bench of this Court in Crl. Misc. Bail Application No. 36221 of 2020 on 18.11.2020 and applicant has claimed parity with the co-accused who has been granted bail. Further submitted that in the aforesaid order dated 18.11.2020, this Court passed the order of refund of Rs. 1,07,000/- by the co-accused, Mukesh Kumar to the informant. Applicant is also ready to pay the amount received in the alleged transaction. Learned counsel for the applicant drew attention of the Court towards the additional statement of complainant annexed at page no. 47 of the paper book wherein it has been stated that applicant, Dinesh Kumar has been paid Rs. 1,60,000/- through Cheque No. 946974 dated 9.07.2018. Applicant is ready to refund the aforesaid amount of Rs. 1,60,000/-.
Per contra, learned A.G.A. opposed the prayer for bail, however conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
During course of argument, learned counsel for the applicant stated that if applicant is released on bail, applicant is ready to pay the due amount of Rs. 1,60,000/-.
In view of the above, a case for bail is made out. Accordingly, the bail application is allowed.
Let the applicant Dinesh Kumar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will pay the aforesaid amount i.e. 1,60,000/- within two months from the date of his release. In case of failure of this condition, the complainant can move bail cancellation application.
2. The applicant shall not tamper with the evidence or threaten the witnesses.
3. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
4. During trial, he shall not indulge in any criminal activities.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 21.12.2021 A. Mandhani