Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42753 of 2019 Applicant :- Mohammad Tariq Opposite Party :- State of U.P.
Counsel for Applicant :- Vishal Tandon,Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Counter affidavit filed by learned AGA is taken on record.
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. 47 of 2016, under Sections 420, 467, 468, 471, 120B IPC, P.S. Satti, District- Kanpur Dehat, is seeking enlargement on bail during the trial.
As per prosecution case in brief, allegation against the applicant is that at the relevant point of time applicant was Branch Manager of the Bank and he in collusion with other co-accused persons illegally issued credit card in the name of informant (Banwari) behind his back. It is alleged in the FIR that when informant approached the Bank for obtaining credit card regarding some loan, then it was revealed that credit card has already been issued in his favour, as such applicant was involved in the embezzlement of public money by sanctioning fake credit card.
It is submitted by learned counsel for the applicant that all official documents for loan were verified by the village Pradhan, therefore, role of Branch Manager in issuance of Kisan Credit Card (KCC) is mere formality. It is next submitted that in this case credentials of the loan were verified by village Pradhan. Initially he was implicated as an accused, but later on he has been exonerated by the Investigating Officer. The signatures of the informant, which are available on the application form for loan have not yet been examined by any expert. It is also submitted that the account no. 52430500001108 of Baroda Uttar Pradesh Gramin Bank, Satti, Kanpur Dehat was opened in the name of first informant. Initially Rs. 1,87,000/- was sanctioned, but after depositing, now only Rs. 54,911/- is balance, as on date against the said credit card. Learned counsel for the applicant also submitted that applicant is ready to deposit an amount of Rs. 54,911/- before the trial court under protest. The applicant is retired government servant languishing in jail since 14.09.2018 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
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 Mohammad Tariq, be released on bail in the aforesaid case crime number subject to deposit of Rs. 54,911/- (Fifty four thousand and nine hundred eleven 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