Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32524 of 2018 Applicant :- Ishteyaq Hussain Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Tapan Kumar Mishra
Hon'ble Siddharth,J.
Supplementary affidavit filed today explaining the criminal history of the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri T.K. Mishra, learned counsel for the informant.
The allegation against the applicant is that he has misutilized the demand draft of Rs.4,65,000/- taken from the informant for the purpose of allotting her a flat.
Learned counsel for the applicant has submitted that the applicant is willing to deposit the aforesaid amount by means of a demand draft in the name of informant without admitting his liability and the payment shall abide by the final decision of the trial without prejudicing his right to raise his defence before the trial court.
On the other hand learned AGA and learned counsel for the informant have opposed the prayer for bail.
Shri T.K. Mishra, learned counsel for the informant has argued that this amount was fraudulently taken by the applicant from the informant promising her to provide a flat and instead the money was deposited in the GDA account regarding the property purchased by the wife of the applicant.
The applicant is directed to be released on bail for a period of three months during which period he will deposit a demand draft of Rs.4,65,000/- in the name of the informant, which shall be produced before the C.J.M. concerned, who will release the same in favour of the informant. If the money is deposited as per this order, bail granted to the applicant shall be extended till the conclusion of trial. However, on failure to honour this order, bail granted to the applicant shall stand cancelled and he will be taken into custody forthwith.
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 Ishteyaq Hussain involved in Case Crime No.686 of 2018, under Sections 406, 420 I.P.C, Police Station Vijay Nagar, District Ghaziabad 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