Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32915 of 2018 Applicant :- Jawahar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwakar Tiwari,Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant is only a servant of the co-accused Jai Krishna Singh Rana, who is the Director of the four companies named in the FIR. It has come in the statements of the witnesses recorded by the police that Jai Krishna Singh Rana is the Director. In the statement of brother of Shri Jai Krishna Singh Rana, Shri Tribhuwan Singh, it has come that the applicant, Jawahar Singh, is the servant of Jai Krishna Singh Rana.
The argument is that the applicant cannot be said to be a co-accused of Jai Krishna Singh Rana since he was only a servant and he has neither received any money nor he is liable to return any money to anyone. The applicant has criminal history of one case at Rajasthan wherein he is stated to be on bail. The applicant has no other criminal history and is in jail since 17.5.2017.
On the other hand learned AGA has opposed the prayer for bail.
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 Jawahar Singh involved in Case Crime No.438 of 2017, under Sections 420, 406, 120-B, I.P.C, Police Station Civil Lines, District Moradabad 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 :- 29.8.2018 T. Sinha