Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41973 of 2018 Applicant :- Mohammad Umar Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant has also deposited Rs. 5000/- in the company. Admittedly the applicant was an agent of the company in question in whose scheme money was invested by several persons on the submission of the applicant also. In this scheme the money was required to be doubled after certain period. The applicant was not the beneficiary, in fact, he himself has become victim. The applicant has not duped any person. The real mastermind of the whole scheme wwere the owner and the directors of the company. The case of the applicant is distinguishable to the director and the owner of the company. The applicant is languishing in jail since 25.9.2018.
Learned AGA has opposed prayer for bail and he has submitted that the applicant and the owner and director of the company formed a gang and cheated about eight lac rupees from various persons.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Mohammad Umar involved in Case Crime No. 314 of 2018, under Section 406 I.P.C., Police Station Tanda, District Rampur 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 subject to the condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi