Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36494 of 2018 Applicant :- Gautam Singh @ Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Suman Jaiswal 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 submission is that the allegation against the applicant is of introducing the informant to other co-accuseds, who have taken money from the informant on the promise of providing him job. The money has been transferred in the accounts of co-accuseds, Nand Kishore Srivastava and Sanjeev Kumar Sharma and no money has been received by the applicant. The allegation is that neither the job was provided to the informant nor money is being returned.
The argument is that there is no allegation of any receipt of money against the applicant. The applicant has no criminal history and is in jail since 23.7.2018.
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 Gautam Singh @ Gautam involved in Case Crime No.256 of 2017, under Sections 406, 417, 420, 467, 468, 471, 506, 120B, I.P.C, Police Station Achhanera, District Agra 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 :- 25.9.2018 T. Sinha