Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40695 of 2019 Applicant :- Hari Das Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Saurabh Srivastava learned counsel for the applicant as well as Sri G.P. Singh learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.650 of 2019 under section 7 of the Prevention of Corruption Act, Police Station Kotwali, District Mainpuri, during the pendency of trial.
It is argued by the learned counsel for the applicant that false allegation has been levelled against the accused-applicant, who is Assistant Regional Manager, by the Conductor, who is opposite party no. 3 in this case that an amount of Rs.10,000/- was being demanded for transfer of opposite party no. 3 and ultimately the matter was settled for Rs.6,000/- and trap proceedings were laid down in which Rs.6,000/- was recovered from the accused-applicant. It is argued by the learned counsel for the applicant that trap proceedings laid down in this case was not in accordance with law and because of animosity the accused-applicant has been implicated in this case.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 26.07.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Hari Das involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2019 AU