Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16173 of 2019 Applicant :- Dinesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay,Pravin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Counter affidavit filed by learned AGA, taken on record.
By means of this application the applicant Dinesh Yadav has prayed to release him on bail in Case Crime No. 154 of 2018, u/s 420, 409, 504, 506 I.P.C., P.S. Chaubepur, District Kanpur Dehat.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. There was business dealing in between informant and accused applicant and alleged non payment was wrong. Payment was made and it was proved by the lesser of informant dues. The cheques given in security, were tried to be negotiated but the same were not negotiated. But no case under Negotiable Instrument Act was got registered. Alleged dues is incorrect and accused applicant is in jail since last one year. He is enable to make payment whatever is due. But the payment is to be made, after subsequent adjustment of dues and payment made. Hence accused applicant being of no criminal antecedents, be released on bail.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application but could not oppose the fact that accused applicant is of no criminal antecedents.
Perusal of FIR reveals that it was a case of purely civil nature, in which amounts were due in business transaction and for payment of same, cheques were issued, which was said to be dishonored owing to insufficiency of fund since 2014 to 2017 and ultimately this was got registered but no case under N.I. Act was filed. Accused applicant is admitting for getting liability in former dues and payment made is towards them, to be accounted and he is read to make the payment, whatever balance is there. Under all above facts and circumstances, a case for bail is there but accused applicant Dinesh Yadav will have to make deposit of Rs. 5 lacs in favour of inforant and will execute a surety for remaining amount of Rs. 16 lacs against alleged dues and he will further file a personal bonds and two sureties to the satisfaction of lower Court concerned. He will file an undertaking that after release on bail, he will enter into accountancy with informant and after accounting, will make ensure payment of amount held duly payble in above order.
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2019 Kamarjahan