Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17921 of 2019 Applicant :- Durgesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Durgesh Yadav has prayed to release him on bail in Case Crime No. 231 of 2014, u/s 406, 409 I.P.C., P.S. Maharajganj, District Azamgarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that this report was lodged for an amount of Rs. 5,61,300/-, which was said to be not deposited by the accused-applicant, whereas he had deposited Rs. 6,65,500/- against the alleged embezzlement and he was ready to make deposit of Rs. 5,61,300/- but the surety amount was with the informant, therefore, he could not deposit the same without specification after adjustment of the surety amount. He is ready to deposit the same. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with this contention that the amount of surety is to be dealt with in accordance with the rules of surety, whereas the price of levy rice not paid by him has to be deposited. It was held to be a dues of Rs. 5,61,300/-.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail subject to his deposit of Rs. 5,61,300/- and furnishing receipt of the same before the court concerned, with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Durgesh Yadav, involved in above mentioned case crime number be released on bail subject to his deposit of Rs. 5,61,300/- and furnishing receipt of the same before the court concerned and on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
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 :- 29.4.2019 Pcl