Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32306 of 2018 Applicant :- Dr. D.K. Gautam Alias Devendra Kumar Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Shukla,Uma Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant in the FIR is that he has opened a fraudulent account in the name of informant, who is incharge of the Institution. The Institution is also alleged to be fraudulent and having no valid affiliation from the Medical Council of India.
The argument is that the account is in the name of informant. Since the Institution was opened and after the students of the Institution started lodging first information report against the applicant alleging their admission on misrepresentation of the facts that the Institution is not recognized, the informant has lodged the first information report in order to protect himself. Since he is also part of the Institution and apprehending legal proceedings, he has lodged the first information report to prevent any implication. The applicant is in jail since 10.4.2018.
On the other hand learned AGA has opposed the prayer for bail.
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 Dr. D.K. Gautam alias Devendra Kumar Gautam involved in Case Crime No.310 of 2018, under Sections 419, 420, 467, 468, 469, 471, I.P.C, Police Station Kotwali Khalilabad, District Sant Kabir 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 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 :- 24.8.2018 T. Sinha