Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30485 of 2019 Applicant :- Mansoor Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Shamsher Singh 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. 964 of 2018, under Sections 420, 467, 468, 504, 506 IPC, P.S. Kotwali City, district- Bijnor, is seeking enlargement on bail during the trial.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case due to ulterior motive. He further submitted that applicant is a teacher and was running a coaching institute in Bijnor. He further submitted that applicant has taken Rs. 10,000/- from the complainant as tuition fees and he has not provided any fake mark sheet to the complainant. He next submitted that when applicant again demanded tuition fees from the complainant, complainant has lodged this false FIR in pursuance of application given under Section 156(3) Cr.P.C. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 05.01.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant, Mansoor Ahmad 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. 964 of 2018, under Sections 420, 467, 468, 504, 506 IPC, P.S. Kotwali City, district- Bijnor subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.7.2019 Ujjawal