Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10875 of 2018 Applicant :- Nitin Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Shad Khan,Mumtaz Ali Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant and the daughter of the informant were studying together and have love affair with each other and the applicant had bear the expenses of her studies for which he has given Rs.3,00,000/- and a laptop to daughter of the informant, but the informant and his daughter were very shroud and as the applicant could not qualify the examination for Govt. Services the informant married his daughter to a Govt. Servant and when the applicant asked his money and laptop then instant F.I.R. was lodged against him, the said fact has been mentioned in para 8 of the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.2.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Nitin Pandey involved in Case Crime No.32 of 2018, under Sections 384, 506 I.P.C. and under Section 67 I.T. Act, Police Station Quila, District Bareilly be released on bail 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.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.3.2018 Dev/-