Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40147 of 2019 Applicant :- Lakshman Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.82B of 2006 under sections 409, 420, 467, 468, 471,, 477A and 120B/34 I.P.C. and 13 (2) of Prevention of Corruption Act, Police Station Ubhaon, District Ballia, during the pendency of trial.
As per FIR, this case involved embezzlement of Rs.1,30,000/- in cash and worth Rs.12,0590/- through distribution of food grain pertaining to the Gramin Rozgar Scheme. The name of the accused-applicant has not been mentioned in the FIR though FIR is lodged against 101 persons, who are stated to have been involved for commission of this offence. The FIR was lodged in 2006.
It is argued that in the prosecution sanction granted against the applicant on 09.07.2019, which is annexed at page 59, the role of the accused-applicant has been stated to be that he committed irregularity in ensuring payment of the said amount/food grains to genuine labourers and several irregularities were committed by him. It is further argued that there is no specific allegation levelled against him.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 06.09.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case 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 Lakshman Ram 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 :- 27.9.2019 AU