Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22883 of 2019 Applicant :- Nishikant Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Prajapati,Rama Kant Gupta Counsel for Opposite Party :- G.A.,J.B. Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 256 of 2019, under Sections 420, 406, 504 and 506 of IPC, Police Station Sector-49, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case, however, it was admitted that the applicant has taken Rs.23 lacs from the complainant but it was submitted that due to poor economic condition, he could not return the same. It was further submitted that the applicant is ready to repay the alleged amount in installments and in case he is released on bail, he will not misuse the liberty of bail and cooperate in the trial; that he is languishing in jail since 28.03.2019, having no criminal history.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and have argued that the applicant has obtained Rs. 23 lacs from the complainant by way of cheating. It has been submitted by the learned counsel for the complainant that if substantial amount is returned to the informant, the applicant may be granted bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Nishikant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following condition:
1. The applicant shall deposit the amount of Rs.15 lacs by way of demand draft in the name of complainant Subhash Bansal before the court concerned. This amount/ Demand Draft shall be released in favour of the complainant Subhash Bansal subject to furnishing an undertaking and one surety bond by him to the effect that if before or at the conclusion of the trial, he is directed to deposit the said amount before the court, he shall deposit the same before the court concerned. Bail bonds of applicant-accused shall not be accepted till he fulfils the above stated condition of depositing an amount of Rs. 15 lacs.
2. The applicant shall not temper with the prosecution evidence and shall not pressurize the prosecution witnesses.
3. The applicant shall appear before the trial court on the dates fixed in the case.
4. The applicant shall not commit an offence similar to the offence of which he is accused.
5. The applicant shall not indulge in any offence similar to which he is accused or suspected of commission.
Order Date :- 10.6.2019/A. Tripathi