Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45855 of 2018 Applicant :- Narendra Opposite Party :- State Of U.P. Counsel for Applicant :- Nitin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No.1186 of 2017 under Sections 420, 406 I.P.C. and 66 I.T. Act, Police Station Kotwali City, District Bijnor.
Learned counsel for the applicant claims innocence of the applicant on various counts that he is a welder by profession and is a poor man. Only fault is that money has been transacted in his account which account was dead and inoperative on account of non-functioning, and the same has been misutilized by some miscreants for which the applicant cannot be held responsible and on the basis of a single transaction in his account, he has been roped in falsely in this case.
It has been further added that the police has not investigated this case in proper manner. The main culprit has not been nabbed by the police, whereas, the innocent applicant has been involved in this case for no worthy cause. In case the applicant is admitted to bail, there is no possibility of absconding and misusing the liberty of bail. The applicant is languishing in jail since 12.09.2018.
Per contra, learned A.G.A. has submitted that it is incorrect to say that the applicant is a welder. In his statement, the applicant has not come out with any specification that he is a welder by profession, whereas, he had passed in B.A. examination from Delhi University and was having good knowledge of computer operation. The applicant was found involved in this case through telephonic link by surveillance which electronic evidence cannot be overlooked and is strong proof of his involvement in the commission of the offence. His account was properly utilized by him making withdrawal and deposition of money, therefore, his complicity is obvious.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the bail application is rejected at this stage.
It is made clear that the observation made in this bail order shall not be construed to have any reflection on merit of the case.
Order Date :- 30.11.2018 rkg