Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36457 of 2018 Applicant :- Nirdosh Mausej Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi 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 of accepting money for the purpose of providing job to the brother of the informant and his friend. The FIR is alleged to be delayed by two years. The applicant has denied involvement in this case and alleges false implication. However, he is willing to deposit Rs.3,00,000/- to prove his bona fide before the court below as a precondition for grant of bail.
On the other hand learned AGA has opposed the prayer for bail.
The applicant is directed to be released on bail subject to deposit of Rs.3,00,000/- before the C.J.M. concerned by way of demand draft drawn in the name of the informant, Ravendra Pal Singh. The draft shall be released in favour of the informant by the C.J.M. This deposit shall not affect the defence of the accused-applicant in trial before the court below.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 has made out a case for bail. The bail application is allowed.
Let the applicant Nirdosh Mausej involved in Case Crime No.956 of 2017, under Sections 420, 406, I.P.C, Police Station Kasganj, District Kasganj 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 25.9.2018 T. Sinha