Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24514 of 2018 Applicant :- Jahanjeb @ Goldi @ Danish Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Divanshu Tiwari holding brief of Shri Mithilesh Kumar Shukla, learned counsel for the informant.
The allegation in the first information report is that against the supply of certain goods by the informant cheques were issued by Mohsin Khan, who is alleged to be uncle of the applicant. The cheques were dishonoured and therefore, the impugned FIR has been lodged.
Shri Divanshu Tiwari holding brief of Shri Mithilesh Kumar Shukla, learned counsel for the informant has informed that the complaint under Section 138, N.I. Act has already been filed by the informant against Mohsin Khan.
The applicant has neither received the cheque nor complaint has been filed against him. The applicant is in jail since 30.4.2018 and has no criminal history to his credit.
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 Jahanjeb @ Goldi @ Danish involved in Case Crime No.69 of 2018, under Sections 420, 406, 411, 504, 506, I.P.C. and Section 138, Negotiable Instrument Act, Police Station Anwarganj, District Kanpur Nagar 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 :- 30.7.2018 T. Sinha