Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32002 of 2018 Applicant :- Munazir Opposite Party :- State Of U.P.
Counsel for Applicant :- Rizwan Ahmad(Qureshi) Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he took Rs.1,00,000/- from the applicant on the promise providing him job in Saudi Arabia. The applicant took money but did not got the employment for his son as promised.
The argument is that the applicant and the informants were doing business of selling buffaloes and one Buffaloes was sold by the applicant for Rs.65,000/- but he did not paid the share money to the informant and therefore, he has lodged first information report. The cousin of the informant, Zahid Hussain, has lodged similar first information report making the same allegation against the applicant and a case crime no.359 of 2017 under Section 420, 467, 468, 471 and 406 I.P.C Police Station Heempur Deepa, District Bijnore was registered. In the aforesaid case a Criminal Misc. Bail application no.31766 of 2018 was moved before this Court which has been allowed on 21.08.2018 and the applicant was directed to make payment of Rs.32,500/- to the informant in that case. In the present case it has been argued that the informant in the present case is cousin of the informant of case crime no.359 of 2017 and they are business partners of the applicant. The applicant has no criminal history to his credit and is in jail since 06.07.2018.
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 Munazir involved in Case Crime No.424 of 2017, under Sections 420, 467, 468, 471 and 406 I.P.C, Police Station Heempur Deepa, 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 :- 23.8.2018 SS