Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43731 of 2019 Applicant :- Meenu Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kishun Misra,Damodar Singh Counsel for Opposite Party :- G.A.,Mohd. Afzal
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA, learned counsel for the first informant and perused the record.
By means of this application, the applicant, who is involved in case crime no. 1109 of 2018, under Sections 420, 406, 467, 468, 471, 506 IPC, P.S. Indrapuram, District- Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that basic allegation against the applicant is that applicant and his son (co- accused Mohit Chauhan) after taking a booking amount of Rs. 1 lac, booked flat in the name of first informant on 25.06.2016. Thereafter, an amount of Rs. 6,50,000/- has been transferred in the account no.05901000044073 of co-accused Mohit Chauhan, but no sale deed has been executed till date. Another allegation is that on making inquiry by the first informant, it was reveals that accused persons have no concern with the flat in question, which was promised to give to the first informant. On the said fact, learned counsel for the applicant submitted that applicant is ready to deposit an amount of Rs. 6,50,000/- before the trial court under protest. The applicant is languishing in jail since 14.09.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA and learned counsel for the first informant have vehemently opposed the said prayer for bail of the applicant, but learned counsel for the informant submitted that on securing his amount of Rs. 6,50,000/- he has no objection in granting bail to the applicant.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Meenu Chauhan, be released on bail in the aforesaid case crime number subject to deposit of Rs. 6,50,000/- (Six lac fifty thousand only) by way of demand draft in the name of trial court and on furnishing a personal bond and 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:-
i) The aforesaid amount so deposited by the applicant shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the completion of trial. The deposit so made, shall be subject to final decision of the trial.
ii) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
iii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iv) The applicant will not indulge in any unlawful activities.
(v) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019 AK Pandey