Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28722 of 2018 Applicant :- Manoj Kumar Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The allegation is that the applicant has provided the list of the persons who were a beneficiaries of Pradhan Mantri Awas Gram Yojna. It is alleged that in place of the eligible candidates fraudulent name of candidates were mentioned and they got registration under the list of beneficiaries on the basis of fabricated identity proof. The argument is that co-accuseds Smt. Anita Devi and Smt. Gyanti Devi, have already been enlarged on bail vide Crl. Misc. Bail Applicantion Nos. 5213 of 2018 and 7160 of 2018. The village Pradhan who was instrumental in verification of the beneficiaries has already been granted bail by the court below. The applicant is in jail since 09.07.2018 and has no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Manoj Kumar Gupta, be released on bail in Case Crime No. 851 of 2017, under sections 419, 420, 467, 468, 471 I.P.C, P.S. Sahatwar, District Ballia on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 31.7.2018 Rohit