Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34782 of 2018 Applicant :- Mohd. Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, learned A.G.A. for the State and Sri Shishir Tandon, learned counsel for the informant.
The argument is that the parties to the dispute have entered into out of court settlement, which has not been denied by the learned counsel for the informant. He has further stated that two cheques no.458036 & 458037 dated 20.01.2019 & 25.04.2019 respectively of Rs. Four lakhs in the name of mediator - Anjaar Ahmad and one cheque no.458038 dated 25.08.2019 of Rs.Five lakhs in name of mediator Kuldeep Singh have been issued by the applicant, as pre-condition to the settlement between the parties. Learned counsel for the informant has not disputed statement of the learned counsel for the applicant. The applicant is in jail since 28.07.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 the applicant Mohd. Asif involved in Case Crime No.551 of 2018, under Sections 420, 406 IPC, Police Station Kotwali Sahar, District- Bijnor 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 14.9.2018 SS