Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32687 of 2018 Applicant :- Pankaj Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant was initially enlarged on bail under Sections 420, 406, 409, 467, 468, 471, 120-B I.P.C vide order dated 25.07.2108 in Criminal Misc. Bail Application No. 1768 of 2017 by this court. After moving of the bail application the charge-sheet was submitted by the Investigating Officer wherein the applicant has been implicated in Section 472 I.P.C also. He applied for bail under Section 472 I.P.C which has been rejected, now this bail application has been filed.
The argument is that no offence for the alleged section is against the applicant. He has been falsely implicated by the Investigating Officer under the alleged offence.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of
U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pankaj Kumar Singh involved in Case Crime No.1074 of 2016, under Sections 472IPC, Police Station Kotwali City, District- Bijnor be released on bail on his furnishing a personal bond only. The sureties earlier taken will hold good in this bail application also for securing bail under Section 472 I.P.C. subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 28.8.2018 SS