Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30422 of 2019 Applicant :- Mahar Singh @ Meharu Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 143 of 2015, under Sections 406, 420 and 409 I.P.C., P.S. Khair, district-Aligarh, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the allegation against the present accused and other co-accused is that they have released payment to other co-accused who were working as promotor and NREGA workers. He next submitted that the present accused is absolutely innocent and he has not received any illegal gain and he has not caused illegal loss to the Government. He has signed the cheques and the payment was given to other person. Further submission is that other co- accused Laxmi Narayan and Pappan Sharma have already been granted bail by coordinate Benches of this Court vide orders dated 9.10.2017 and 21.6.2018 passed in Criminal Misc. Bail Application Nos. 37448 of 2017 and 22717 of 2018, copy whereof has been filed as Annexure-4 to the affidavit accompanying the bail application. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 7.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Mahar Singh @ Meharu Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 143 of 2015, under Sections 406, 420 and 409 I.P.C., P.S. Khair, district-Aligarh subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 Faridul