Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25238 of 2019 Applicant :- Ksheer Sagar Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshmi Kant Pandey,Sandeep Kumar Pandey Counsel for Opposite Party :- G.A.,Gaurav Singh Tomar
Hon'ble Ajit Singh,J.
Supplementary affidavit and demand draft of Rs. 2 Lakh filed on behalf of learned counsel for the applicant are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 104 of 2019, under Sections 420 & 34 I.P.C., P.S. Kotwali Orai, District Jalaun.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He submitted that the only role that has been assigned to the present accused is that he had introduced businessmen to the villagers/ farmers for the purchase of green pod of pea. He further submitted that the accused is ready to deposit Rs. 2 Lakh of draft to the court and he will try to negotiate with the other co-accused to repay the amount of the farmers as soon as possible. He next submitted that the present accused has no dishonest intention to cheat the farmers.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 31.03.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. and learned counsel appearing on behalf of the complainant, Sri Gaurav Singh Tomar have vehemently opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, and considering that the applicant is ready to pay Rs. 2 Lakh in the learned trial court, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ksheer Sagar Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will deposit bank draft of Rs. 2 Lakh in the learned trial court within one month of his release from jail and that amount will be paid to the farmers as per their share of sale.
iv) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Shanu