Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23762 of 2019 Applicant :- Krishna Nath Maurya Opposite Party :- State Of Up Counsel for Applicant :- Suresh Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Krishna Nath Maurya, has prayed to release him on bail in Case Crime No. 999 of 2018, u/s 406, 409, 420, 120B I.P.C., P.S. Baradari, District Bareilly.
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 he has been falsely implicated in this very case crime number on the basis of FIR, got lodged upon the report of Sandeep Maurya, against 15 accused persons, in which accused applicant is not named and this was because of being agent of the said company and the name of the applicant subsequently came in the statement of co-accused but having no concern with above work of company rather he himself was the victim of the above company which was incorporated in the name of Rajesh Maurya, of which Rajesh Maurya was of 95 per cent share holder and Manoj Maurya was of 5 per cent. Investment by informant and many others to the tune of Rs. two crores were said to have been made in the company and it was under the assurance of Rajesh Maurya, Aditya and Prakhar and their associates in the company but the terms were not fulfilled by Rajesh Maurya and others concern of the company. The accused applicant has already been enlarged on bail in another case with same accusation whereas in the present case similarly placed co-accused Smt.Sanjoil has already been enlarged on bail vide order dated 14.5.2019 passed in Criminal Misc.Bail Application No.20108/2019. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
First Information Report reveals that it was got lodged for deposit in Sri Ganga Infra City Private Ltd. of which Rajesh Maurya and Manoj Maurya were directors, rest all accused persons were said to be associated with above company. Accused applicant is of no criminal antecedents prior to this accusation. This Court has directed for filing of memorandum of corporation of above company Sri Ganga Infra City Private Ltd. and the same has been filed, which reveals that it was Rajesh Maurya, share holder of 95 per cent and Managing Director and Manoj Maurya with Krishna Nath Maurya 5 per cent share as Director of above company. Applicant is of no concern of the same. He is languishing in jail since long. Charge- sheet has been submitted. There is no likelihood of fleeing from course of justice. Offence is exclusively triable by Magistrate Ist Class.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction 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, Krishna Nath Maurya, 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 :- 7.6.2019 bgs/