Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30630 of 2019 Applicant :- Guddu Saifi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ehtesham Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 153 of 2019, under Sections 406 & 420 I.P.C., P.S. Hapur Dehat, District Hapur.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He submitted that the present accused is one of the managers of the company namely Earn World Power Marketing Pvt. Ltd. which is engaged in online business of goods. He next submitted that the complainant had approached the company for getting job and when he was refused the job, the complainant had lodged this false F.I.R. against the company. He further submitted that there is no proof of giving Rs. 40,000/- by the complainant to anyone in the company and there is no specific allegation that the accused had taken the money from the complainant. Offence is triable by the Court of Magistrate.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 11.06.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Guddu Saifi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Shanu