Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3 of 2021 Applicant :- Omveer @ Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Damodar Singh,Devendra Vikram Singh,Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rohit Nandan Paney, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant seeking his enlargement on bail in Case Crime No. 501 of 2020, under sections 420, 467, 468, 471, 406 IPC, P.S. Ecotech-III, District Gautam Budh Nagar.
Record shows that in respect of an incident which is alleged to have occurred on 30.4.2014, a delayed F.I.R. dated 22.10.2020 was lodged by first informant Smt. Vimlesh Sharma and was registered as Case Crime No. 501 of 2020, under sections 420, 467, 468, 471, 406 IPC, P.S. Ecotech-III, District Gautam Budh Nagar. In the aforesaid F.I.R. as many as 8 persons namely, Om association India Pvt. Ltd., Vipin Director, Manoj Director, Ajay Kumar Director, Shiv Kumar, Komal, Vinay Kumar and Shailesh Kumar have been nominated as named accused.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned Case Crime Number. Applicant is not named in the F.I.R. Applicant is in jail since 2.9.2020. Offence complained of is triable by Magistrate. It is then contended that applicant is neither a vendor nor a marginal witness of sale-deed dated 14.3.2014. Applicant has criminal antecedents to his credit but the same have been explained in paragraphs 23 and 24 of the affidavit filed in support of the present bail application. There is no possibility of applicant fleeing away from the judicial process or tampering with the witnesses. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
Learned A.G.A opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Omveer @ Ajay, involved in aforesaid case crime number, 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 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 :- 6.1.2021 Arshad