Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4051 of 2019 Applicant :- Mohan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Samarth Sinha,Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard Sri Samarth Sinha, learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against eight persons namely, Santosh Kumar Gupta, Jitendra Kumar, Jasvind, Victor Green, Himanshu, Mohan Kumar, Ashish Jawla and Paritosh Parveen alleging that they were running call centre illegally and cheating for providing services to unemployed persons; they were arrested with a laptop, seven coputer desktop, 18 mobile phone, one cheque book, one D- Link and Two PAN Cards.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 27.11.2018(more than two months) having no criminal history. He is innocent and has been falsely implicated. The applicant was an employee in the Vintechjob.com, which was run by co-accused Santosh Kumar Gupta. The applicant has no role in commission of offence. Only two mobile phones were shown to have been recovered from the applicant. No proceeding for identification of person or property was conducted. Co-accused Vicktar Green has already been granted bail by coordinate Bench of this Court vide order dated 17.1.2019 passed in Criminal Misc. Bail Application No.2125 of 2019 (Bail order produced during argument, is taken on record), applicant's case is identical to him and he is also entitled to bail on the ground of parity. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co-accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mohan Kumar involved in Case Crime No.1707 of 2018, under Section 420, 467, 468, 471 IPC and 66, 66C, 66D IT Act, Police Station Phase III, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 P.P.