Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28715 of 2018 Applicant :- Nokhe Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar 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 argument is that the applicant is the Secretary of Cooperative Society, as per the allegation in the F.I.R., he has not deposited any society dues amounting to Rs. 1,35,104.50/-. After the F.I.R., the applicant has deposited an amount of Rs. 42,118, Rs. 62,035/- and 5,877/- in Hamirpur District Cooperative Bank towards his liability. The argument is that the applicant met with an accident and therefore could not deposit the amount in time and has brought on record the discharge summary slip of Dr. Baba Saheb Ambedkar Hospital Rohini, Delhi which shows injury suffered in the month of December, 2017. The counsel for the applicant has stated that the applicant will deposit the amount after he is released on bail, after managing the amount. The applicant is in jail since 30.03.2018 and has no criminal history to his credit.
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 Nokhe Lal, be released on bail in Case Crime No. 56 of 2018, under Section 409 I.P.C, P.S. Kurara, District- Hamirpur 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 :- 31.7.2018 Rohit