In Ref:- C.M.A. No. 85451 of 2019 Heard learned counsel for applicant on correction application.
By way of instant correction application, prayer has been made by counsel for the applicant that the order dated 23.07.2019 may be corrected by mentioning the Sections 419, 420, 467, 468, 471, 120-B, 409 IPC, Police Station Kotwali Nagar in place of Sections 307, 506, 109, 118 of the Indian Penal Code, Police Station Kadipur on the second and third line of seventh paragraph of the order.
The prayer so made is accepted and accordingly, the correction application is allowed.
Accordingly, the order dated 23.07.2019 stands corrected and read as under:-
"Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is contended on behalf of the applicant that the prosecution story is false and concocted. The applicant is neither a public servant nor he is concerned with the offence committed. It is alleged in the F.I.R. that the applicant in his account has received a sum of Rs. 2,25,000/-. Before the applicant could know he has been arrested. The co accused namely Prafulla Srivastava having similar role have been enlarged on bail vide order dated 10.07.2019 passed in Bail No. 6610 of 2019. The other co accused namely Babbu Singh @ Dileep Kumar @ Vineet Kumar Singh and Ritesh Kumar Srivastava having similar role has been enlarged on bail by the coordinate Bench of this Court vide order dated 11.01.2019 and 10.12.2018 passed in bail No. 516 of 2019 and 10424 of 2018. It is contended on behalf of the applicant that if the applicant is enlarged on bail he shall return the amount received in his account within a period of one year in four installments before the learned trial court. It is further submitted that the applicant is in jail since 28.03.2019 and there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
It is provided that the applicant shall deposit a sum of Rs. 2,25,000/- before the trial court in four installments within a period of one year from today, failing which, the bail order of the applicant shall stand cancelled automatically.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant, Mohan Harijan, involved in Case Crime No. Case Crime No.411 of 2018, under Sections 419, 420, 467, 468, 471, 120-B, 409 IPC, Police Station Kotwali Nagar, District Sultanpur, be released on bail on his 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code"
Order Date :- 26.7.2019 Vikram/-