Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48938 of 2018 Applicant :- Mahesh Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Lal Srivastava,Sri S.K Verma Senior Advocate Counsel for Opposite Party :- G.A.,I.D. Mishra,Ram Rawat,Shri Ram (Rawat)
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
At the very outset, instead of arguing the matter on merits, learned counsel for the applicant has submitted that the applicant is ready to pay back Rs.2,21,666/- in proportionate to his share as involved in this transaction in the government head/treasure side by way of demand draft within two months from the date of his release and an undertaking has been given that if the applicant fails to pay back the aforesaid amount, his bail may be cancelled. Applicant has no intention to escape liability fastened upon him. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 01.11.2018.
Though learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for bail but conceded that if applicant is ready to deposit the requisite amount in question, then Court may consider his bail application sympathetically.
In view of the submissions and the undertaking given by the applicant that he will pay back amount by way of demand draft in proportionate to his share in question and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceeding, this bail application is allowed.
Let the applicant - Mahesh Kumar Yadav involved in Case Crime No.224 of 2017, under Sections - 406, 409, 467, 471, 420, 120B I.P.C., Police Station - Jiyanpur, District - Azamgarh, 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 subject to the condition that he will pay back Rs.2,21,666/- by way of demand draft in proportionate to his share in question within a period of two months next from the date of his release in the government head/treasure through the Chief Judicial Magistrate, Azamgarh.
The amount so deposited by the applicant shall be subject to final outcome of the case and the applicant shall be free to claim the same along with requisite interest applicable, if litigation ends in favour of the applicant.
However, it is made clear that if the amount in question is not paid by the applicant within two months from the date of his release, then the informant shall be free to move an application before the Chief Judicial Magistrate, Azamgarh with a prayer to cancel the bail and upon ascertaining the real facts regarding non payment, the Chief Judicial Magistrate, Azamgarh shall cancel the bail of the applicant.
Order Date :- 28.2.2019 rkg