Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22625 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Om Prakash has prayed to release him on bail in Case Crime No. 02 of 2019, u/s 420, 409 I.P.C., P.S. Hazaratpur, District Budaun.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, whereas he himself has deposited Rs. One lac for getting Society renewed. He has made further deposit of Rs. 53,625/-. His salaries for 16 months are due against the Society. He has written the District Collector, Budaun, for issuing direction for getting entire dues cleared from the arrears of his salaries. He has never committed any embezzlement and his dues is more than the alleged amount of embezzlement to be paid to the Society. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both sides and considered the material placed on record it is apparent that it was a case registered for embezzlement of purchase and sale amount in the tune of Rs. 1,58,960/-, which was by way of sale of D.A.P. fertilizer and chemical derived from Neem. The dues of accused-applicant to be paid by the Society is not to be withdrawn by way of this non-deposit of sale money.
Under all above facts and circumstances, a case for bail is there subject to the condition that accused-applicant shall make deposit of dues of Rs. 1,58,960/- within one month from the date of his release from prison and Society will also make payment of dues of applicant against Society under Rules subsequent to deposit made by accused-applicant.
Accordingly, the bail application is allowed.
Let the applicant, Om Prakash, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.5.2019 Pcl