Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3860 of 2019 Applicant :- Naveen Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. In fact the applicant could not deposit the sum of Rs. 15,77,126/- in the account of municipal board due to family disturbances and he has deposited Rs. 4,70,452/- on 26.3.2018 and a sum of Rs. 6,50,000/- on 2.8.2018 in the account of Municipal Board Bilsi. The applicant by an application dated 31.7.2018 requested the Executive Officer Municipal Board Bilsi that a sum of Rs. 11,20,542/ has already been deposited in the municipal account and balance of Rs. 4,56,584 be deposited by deducting Rs. 21,000/- from his salary on monthly basis. On the request of the applicant, the applicant has been reinstated in service and has been allotted work to supervise the cleaning work of the city. The executive Officer, Municipal Board Bilsi also sent a letter to the police requesting therein that he does not want to proceed with the matter further. It has been further submitted that the applicant has not committed any offence of cheating, forgery and misappropriation. The allegation made against the applicant is false and malicious. There is no criminal history of the applicant and is in jail since 15.11.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Naveen Kumar involved in Case Crime No.
222 of 2018, under Section 409 IPC Police Station Bilsi District Budaun 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 with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2019 Gss