Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33740 of 2018 Applicant :- Inamurrahman Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Siya Ram Verma, learned counsel for the applicant, learned AGA for the State and Sri M. Shahanshah Khan, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Inamurrahman with a prayer to release him on bail in Case Crime No. 93 of 2018, under Sections 420, 467, 468, 323, 504, 506, 406 IPC, Police Station Kotwali Kalpi, District- Jalaun at Orai, during pendency of trial.
The allegation against the applicant is that he has accepted Rs.4 lacs by way of RTGS and Rs.2 lacs by way of cheque which was returned by a cheque, which has been dishonoured. A criminal proceeding under N.I. Act is already proceeding against the applicant. An amount of Rs.4 lacs has duly been received by the applicant by way of RTGS. The applicant is languishing in jail since 07.5.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
On the other hand learned AGA has also 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 is directed to be released on bail for a period of four months. He will deposit a demand draft of Rs.4 lacs in the name of informant before the C.J.M. concerned within a period of four months. The C.J.M. concerned will release the same in favour of the informant. In case, the demand draft of aforesaid amounts is not produced before the concerned Chief Judicial Magistrate, this bail order granted to the applicant shall stand cancelled and he will be taken into custody forthwith. In case amount is paid to the informant, the applicant shall continue on bail till the conclusion of trial.
Let the applicant Inamurrahman involved in the aforesaid crime be released on bail for a period of four months 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 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.
6. This payment of money is without prejudice to the right of the applicant to defend himself before the Trial Court.
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 :- 5.9.2018 Ruchi Agrahari