Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34697 of 2018 Applicant :- Nadir Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Mayank,Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that an amount of Rs.one lakh has been fraudulently transferred by him in his account which belongs to the informant. In para 10 of the affidavit filed in support of the bail application, it has been averred that the applicant is willing to return Rs.one lakh in case the same has been transferred to his account. It has further been submitted that the alleged transfer must have been due to fraud on the part of the bank. The applicant is in jail since 06.08.2018.
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 is directed to be released on bail for a period of one month. During which period he will arrange and make demand draft Rs.one lakh in favour of the informant and deposit the same before the C.J. M. concerned, who shall release the demand draft to the informant.
However, in case of default in depositing the aforesaid amount within the time stipulated above, the bail granted to the applicant shall stand cancelled and he shall be taken into custody forthwith.
This payment of money is without prejudice to the right of the applicant to defend himself before the Trial Court.
Let the applicant Nadir Khan involved in Case Crime No.122 of 2018, under Sections 419, 420 IPC, 66C and 66 D I.T. Act, Police Station Pashchim Sharira, District- Kaushambi be released on bail for a period of one month 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. If the order is complied with, the bail granted to the applicant shall continue till the conclusion of trial.
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