Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23604 of 2019 Applicant :- Kishan Lal @ Kishan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Kishan Lal @ Kishan Kumar, who is involved in Case Crime No. 289 of 2018, under Section 420 I.P.C., read with Section 66-D of the I.T. Act, Police Station- Kotwali Nagar, District- Saharanpur, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number; a transfer of Rs.10 Lacs, through RTGS by HDFC Bank, in his Account, was made for which information was lodged by the informant Bank and Rs.Seven Lacs has been reversed back whereas under bonafide belief, Rs. Three lacs were withdrawn by the accused-applicant, which he is ready to deposit; it was not a transaction by him; he is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but stated that if deposit of remaining amount of Rs.Three lacs is made, bail may be granted.
Having heard learned counsel for both sides and gone through the materials placed on record, but without commenting on merits of the case, bail may be granted to the present accused-applicant, on his depositing assured amount of Rs. Three lacs in the concerned HDFC Bank.
Accordingly, Bail Application is allowed.
Let the applicant, Kishan Lal @ Kishan Kumar, involved in above mentioned case crime number be released on bail on his depositing assured amount of Rs. Three lacs in the concerned HDFC Bank and on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 6.6.2019 bgs/