Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32918 of 2018 Applicant :- Jawahar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava 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 FIR is alleged to be delayed by about two months. The allegation of payment of Rs.2,00,000/- in cash has been made against the applicant and co-accused, Sushil Kumar, for the purpose of providing visa and passport for sending the son of the informant to foreign country for job. The allegation is that the applicant provided a forged visa and ticket to the informant.
Learned counsel for the applicant has argued that the informant has subsequently changed his stand under undue influence and has stated before the Investigating Officer that Sushil Kumar was not involved in the alleged offence and he was only standing nearby. The argument is that the applicant is being tried to be implicated by saving the co-accused Sushil Kumar. The applicant has no criminal history and is in jail since 6.6.2018.
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 involved in Case Crime No.897 of 2012 (Case No.3674 of 2018), under Sections 420, 467, 468, 471, I.P.C, Police Station Madhotanda, District Pilibhit 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