Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40483 of 2019 Applicant :- Naman Bhargav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Dubey,Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Sudhir Mehrotra, Advocate has filed his Vakalatnama on behalf of informant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 381 of 2019, under Sections 420, 406 and 120B I.P.C., P.S. New Agra, district-Agra, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against three persons including applicant, alleging therein that the accused persons had taken money from him by falsely representing him that his money will be doubled in 2-3 years.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The applicant happens to be son of Sharad Kumar Bhargav, who had taken money from the informant. The only allegation which has been made against the present accused is that Rs. three lac fifty thousand was transferred to his bank account by the informant. He also submitted that the applicant is ready to refund Rs. 2,00,000/- to the informant at the time of furnishing sureties and bail bonds. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 23.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. as well as learned counsel for the informant. However, learned counsel for the informant has admitted that Rs. 21,00,000/- was given to the accused persons through R.T.G.S. and cheques and when the informant had demanded his money, his money was not returned back to him.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Naman Bhargav involved in the aforesaid case 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 subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. He shall refund Rs. 2,00,000/- through Bank draft to the informant at the time of furnishing sureties and bail bonds.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.9.2019 Faridul