Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8196 of 2019 Applicant :- Muneeb Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Chauhan 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.
Applicant has already been directed to deposit/make payment of Rs.20,000/- + Rs.70,000/-, which was imputed against him to have been misappropriated by way of using ATM of the informant. Rs.54,000/- has been misappropriated by another co-accused–Rohit, for which the applicant cannot be held accountable and the liability of co-accused Rohit can be separately fastened on him alone. Now nothing remains to be paid in view of the payment already made for Rs.20,000/- and Rs.70,000/- in Criminal Misc Bail Application Nos.7778 of 2019 and 8101 of 2019, respectively. The applicant has no previous criminal history and is languishing in jail since 21.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit 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 - Muneeb Bind involved in Case Crime No. 400 of 2018, under Sections - 379, 419, 420 I.P.C., Police Station - Kerakat, District - Jaunpur 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 S Rawat