Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17695 of 2019 Applicant :- Gajendra Kumar Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Vaish,Manoj Yadav,Rakesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Gajendra Kumar Gautam has prayed to release him on bail in Case Crime No.
129 of 2019, u/s 420, 342, 120B, 504, 506 I.P.C., P.S.
Sahibabad, District Ghaziabad.
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, which was got registered by informant against his own son-in-law present accused applicant and daughter Smt. Kamlesh, with this contention that present accused applicant became cooperator in saving bank account, which was in the name of informant and his wife and he manipulated withdrawal of Rs. 22,69,000/-, from above account. Whereas there was no manipulation or misuse of any property. Informant was under dispute with his sons and this transaction was under bona fide belief with consent of informant but subsequently, informant and his son entered in compromise and this false report was got lodged. He is of no criminal antecedents. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Admitted fact is that a saving bank account of informant was got opened and applicant became a cooperator of above account and this money of Rs. 22,69,000/-, was withdrawn from above account, for which accused applicant is with no explanation except an oral explanation that this money was paid for purchase of above land under black money payment beside white money paid through R.T.G.S. Hence, under all above facts and circumstances, accused applicant be released on depositing of Rs. 22,69,000/-, in above account, subject to adjustment by civil proceeding, to be filed later on as to whether it was of accused applicant or was of informant.
Accordingly, the bail application is allowed.
Let the applicant, Gajendra Kumar Gautam, involved in above mentioned case crime number be released on bail on his depositing of above admitted money and 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 :- 30.4.2019 Kamarjahan