Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22582 of 2019 Applicant :- Harish Kumar @ Pankaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Shukla,Rajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant Harish Kumar @ Pankaj, who is involved in Case Crime No. 934 of 2018, under Sections 419, 420, 406, 506 I.P.C., Police Station- Jhunsi, District- Pryagraj/ Allahabad, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that co-accused Satish Kumar @ Deepak, who was real brother of the applicant, has been released on bail by this court vide order dated 23.5.2019 passed in Criminal Misc. Bail Application No. 21692 of 2019 with a condition for repayment of dues by way of RTGS to the tune of Rs. Three lacs per quarter in the account of the informant and entire amount has to be paid to the informant of which part has already been paid. Accused-applicant is of no criminal antecedent and is admitting those dues of the informant. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the factual aspect of making payment of Rs.Five Lacs and Fifty thousand, written in the first information report, and further assurance for making payment of rest of the amount for which assurance is being made at this stage also.
Considering the rival submissions of learned counsel for both the parties, material placed on record, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Harish Kumar @ Pankaj, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. Accused-applicant, after being released on bail, shall make payment of remaining due amount by way of RTGS to the tune of Rs.Three Lacs, per quarter, to the informant.
2. The applicant will not tamper with the evidence.
3. The applicant will not indulge in any criminal activity.
4. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
5. 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 :- 29.5.2019 Pcl