Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14165 of 2017 Applicant :- Jagat Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Kailash Singh Kushwaha,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.242 of 2016, under Sections 409,420,467,468,471,182 IPC, Police Station Jariya, District Hamirpur during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant was posted as Lekhpal and a grant of compensation by the State Government was granted for the year 2015-16. The applicant was allotted to prepare the list to whom loss caused due to the Ola Vristi. The applicant had performed his duty diligently and had prepared the list which was submitted to the Tehsildar and the cheques were issued to the legible persons and the payment was made from the Bank to the respective farmers. Hence the allegations made in the FIR against the applicant that he has misappropriated the money which was to be paid to the farmers are absolutely false and vague. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The applicant is languishing in jail since 24.12.2016 having no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has contended that from bare perusal of the FIR it transpires that the applicant has misappropriated the amount of Rs. 3,67,894/- which was not paid to the farmers who were legally authorised to receive the compensation. In case the applicant is released on bail he will tamper with the evidence. Therefore, the applicant does not deserve any indulgence.
Without expressing any opinion on the merits, let the applicant Jagat Ram 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 :- 19.4.2017 M. Tariq