Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40402 of 2019 Applicant :- Noormohammad Opposite Party :- State Of U.P.
Counsel for Applicant :- R.P.Singh,R.S.Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 491 of 2017, under Sections 419 and 420 I.P.C., P.S. Patherwa, district-Kushinagar, is seeking enlargement on bail during the trial.
The allegation in the FIR is that the accused had taken Rs. 1,30,000/- from the informant for giving him job visa for Dubai but he has provided him tourist vise, as a result after sometime the informant was arrested by the Dubai police and he was sent back to India. It is also alleged that the informant had give money to the present accused after selling his agricultural land. The matter was reported to the police but the police has not taken any action.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to political rivalry. He next submitted that neither the applicant has committed any offence nor he has duped anyone. Further submission is that the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 16.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that there is allegation that the accused had taken Rs. 1,30,000/- but there is no documentary evidence on record and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Noormohammad involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to 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 :- 27.9.2019 Faridul