Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22617 of 2019 Applicant :- Jawahar Lal Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Jawahar Lal Jaiswal has prayed to release him on bail in Case Crime No. 24 of 2017 (Case No. 5541 of 2018), u/s 418, 420, 332 I.P.C. and 110 Cr.P.C., P.S. Thuthibari, District Maharajganj.
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 has been falsely implicated in this very case crime number of which F.I.R. was got lodged on 11.1.2017 upon report of Vishwanath Prasad with this contention that upon checking of J.H.V. Sugar Mill, Gadaura, Maharajganj, by above informant it came to notice that amount of Employees Provident Fund (EPF) recovered from the employees for the period from Jaunuary 2016 to June 2016 and August and September 2016 were not deposited in the office of E.P.F., which was an offence for which this case was got lodged, whereas the person concerned for making deposit of the E.P.F. subscription was not the accused-applicant. He was an employee of Sugar Mill but the accused-applicant has been implicated because of his being Managing Director of Sugar Mill. The concern has been acquired by the State Government and is under process of auction. There is no criminal mensrea of commission of offence. Criminal history has been duly explained in paragraph no. 18 of the affidavit filed in support of bail application. 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.
Learned AGA has vehemently opposed the bail application on the ground of statement of prosecution witness recorded u/s 161 Cr.P.C. that since the year 2009 the E.P.F. subscription recovered from the employees were not deposited by the Sugar Mill in the office of E.P.F..
Having heard learned counsel for both sides and considered the material placed on record and present status of auction of Sugar Mill concerned by the State Authority, 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, Jawahar Lal Jaiswal, involved in above mentioned case crime number be released on bail 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 :- 29.5.2019 Pcl