Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32313 of 2018 Applicant :- Dr. Devendra Kumar Gautam@D.K. 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 is that he is the Director of Budha Medical College and Multi Speciality Center, Sant Kabir Nagar. The allegation is that the aforesaid college is not recognised college and the informant was given admission in this college and donation of Rs.90,000/- was charged in February, 2016. It has further been alleged that the applicant deposited Rs.45,000/- more while studying in this college, which has been found to be unrecognized one.
Learned counsel for the applicant has stated that the applicant is willing to refund the amount as directed by this Court. He may be granted conditional bail for a period of four months during which he will return the amount directed by this Court to the informants.
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 applicant is directed to be released on bail for a period of four months. During which period he will get demand draft of Rs.1,35,000/- prepared in the name of the informant and produce the same before the C.J.M., concerned within a period of four months. When the draft is deposited, the C.J.M., concerned shall release the same in favour of the informant.
In case the draft is not deposited within a period of four months as per this order, the bail granted to the applicant shall stand cancelled and the applicant shall be taken into custody forthwith. If this order is complied with the bail granted to the applicant shall be extended till the conclusion of trial.
Let the applicant Dr. Devendra Kumar Gautam @ Dr. D.
K. Gautam involved in Case Crime No.320 of 2018, under Sections 406, 419, 420, 467, 468, 471, 120-B IPC, Section 15(3) of the Indian Medical Council Act, 1956 and section 6 of the Indian Medical Degree Act, 1916, Police Station Kotwali Khalilabad, District- Sant Kabir Nagar be released on bail for a period of four months 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