Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27035 of 2017 Applicant :- Lokendra Pratap Opposite Party :- State Of U.P.
Counsel for Applicant :- Anant Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. The applicant has no criminal history. Applicant is class-IV employee. It is clear from the F.I.R. itself that the informant had given photograph to the applicant for sanction of loan amount. In fact loan was taken by the informant and when recovery proceeding was initiated, F.I.R. was lodged on the basis of false facts. It is next contended that the person responsible to verify the loan papers has been exonerated. It is further submitted that neither the loan amount has been shown in the F.I.R. nor in the statement. He is languishing in jail since 21.6.2015 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Lokendra Pratap involved in Case Crime No. 518 of 2015, under Sections 420, 467, 468, 471 IPC, P.S. Uttar, District - Firozabad be released on bail on furnishing a personal bond and two heavy sureties (not less than Rupees Three Lakhs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2018/safi