Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32385 of 2018 Applicant :- Niraj Panwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The allegation against the applicant that he has taken Rs.
6 lakhs in cash from the informant for the purpose of providing job and Rs. 25,000/- was taken through transfer in the account of his wife. The payment of Rs. 6 lakhs is in cash however Rs. 25,000/- has been transferred to the account of his wife by the informant. Counsel for the applicant has undertaken that the applicant shall deposit Rs. 25,000/- by means of demand draft before C.J.M concerned within one month which may be withdrawn by the informant.
In case the applicant complies this order he shall be released on bail by this court below. This payment made to the informant shall be without prejudice to the rights of the parties to contest the trial and take whenever defence is available before the trial court.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Niraj Panwar, be released on bail in Case Crime No. 171 of 2018, under Sections 420, 323, 504, 506 I.P.C, P.S. Ramala, District Baghpat on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.8.2018 Rohit