Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47550 of 2018 Applicant :- Mangal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shamasul Eslam Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Shamasul Eslam, learned counsel for the applicant, Sri Vinod Kumar Yadav, 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 he has got prepared demand draft bearing no.285193, dated 25.02.2019 in favour of the informant side through Bank of Baroda, Nigina Bijnor. The applicant will pay Rs.1,94,670/- to the informant side within two months from the date of his release and he will not make any default. 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 has no criminal history and is languishing in jail since 30.10.2018.
At this stage, learned counsel for the informant has submitted that a worthy compromise has reached between the parties and he has no objection to the terms proposed by the learned counsel for the applicant and he does not wish to oppose the bail application.
Learned A.G.A. has adopted contention of the learned counsel for the informant.
In view of the submissions and the undertaking given by the applicant that he will pay back Rs.1,94,670/- by way of demand draft 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 - Mangal Singh involved in Case Crime No.2421 of 2018, under Sections - 420, 408 I.P.C., Police Station - Kavinagar, District - Ghaziabad 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.1,94,670/- by way of demand draft within a period of two months next from the date of his release to the victim/informant of this case through the Chief Judicial Magistrate, Ghaziabad who shall after due identification of the victim/informant hand over the same to the victim/informant.
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/victim shall be free to move an application before the Chief Judicial Magistrate, Ghaziabad with a prayer to cancel the bail and upon ascertaining the real facts regarding non payment, the Chief Judicial Magistrate, Ghaziabad shall cancel the bail of the applicant.
Order Date :- 27.2.2019 rkg