Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56182 of 2019 Applicant :- Mani Ram Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Krishna Gopal, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 424 of 2012 under Section 12 of Prevention of Corruption Act, P.S. Kotwali, District Badaun.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; the applicant has already been granted bail in this crime number but the same was granted under Section 8 of P.C. Act vide order dated 15.11.2019 in Criminal Misc. Bail Application No. 49502 of 2019 order of which is annexed at page no. 13 and 14 of the paper book. It is next submitted that by mistake earlier Section 12 of P.C. Act could not be mentioned in the application for bail, hence present application has been moved under Section 12 of P.C. Act; the accused applicant is in jail since 04.10.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Mani 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 :- 17.12.2019 A. Mandhani