Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18061 of 2019 Applicant :- Jagtar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Jagtar Singh has prayed to release him on bail in Case Crime No. 327 of 2018, u/s 420, 467, 468, 471 I.P.C., P.S. Banda, District Shahjahanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He applied for sanction of loan in the bank of informant but it could not be fulfilled, hence he applied in another bank i.e. another branch of the same bank, where loan was sanction. But at the same time loan was also sanctioned by the informant Bank. When the applicant came to know about sanction he made deposit of Rs. 3,40,000/- i.e. principal amount of Rs. 3,00,000/- and interest amount of Rs. 40,000/- with the informant bank, receipt of the same has been filed along with bail order. However, without adjusting the amount of Rs. 3,40,000/- deposited by the applicant a notice was issued to the applicant for depositing the balance amount. He is ready to deposit the balance principal amount of Rs. One lac along with interest. He is owner of ten acres of agricultural land, which was mortgaged by him while taking the loan. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
At the very outset it is to be mentioned that the applicant is ready to make payment of bank dues as is being argued by learned counsel for the applicant. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Jagtar Singh, involved in above mentioned case crime number be released on bail on his depositing the balance principal amount of Rs. One Lac along with interest in the Bank concerned and on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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 :- 30.4.2019 Pcl