Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15557 of 2019 Applicant :- Krishna Chandra Rai @ K.C Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.,Chandra Kumar Rai,Mahesh Prasad Yadav
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manish Yadav, learned counsel for the applicant, Sri Mahesh Prasad Yadav, learned counsel for the complainant, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.158 of 2018 under sections 406, 504, 506 I.P.C., Police Station Kandharapur, District Azamgarh, during the pendency of trial.
As per FIR, the prosecution case is that an amount of Rs.87,00,000/- has been taken by the accused applicant from the complainant in respect of purchase of land. The contention of the learned counsel for the applicant is that he is ready to pay Rs. two lacs because that is the amount due to be paid. No agreement was entered into between the parties for any such purchase of land.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 7.12.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned counsel for the complainant opposed the bail prayer of the applicant and has submitted that a sum of Rs.3,60,00/- has been paid to the accused applicant and to prove the same, bank transactions have been annexed with the counter affidavit, which are paper nos 14 to 19. Apart from this, amount of Rs. 47,00,000/- was also paid by the complainant in cash to which learned counsel for the applicant has denied and has stated that such huge amount is not possible to be paid in cash and the same is not possible to be withdrawn from the Bank after demonetization.
In the light of the aforesaid arguments, looking to the facts that the applicant has paid Rs.2,00,000/- (Rs. Two lacs only) to the counsel for the complainant in court through cheque no. 581661 dated 29.5.2018, receipt of the same has been given by the learned counsel for the complainant and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Krishna Chandra Rai @ K.C. Rai involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 AU