Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23612 of 2019 Applicant :- Piyush Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Laxmi Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants, Piyush Tiwari, who is involved in Case Crime No. 1958 of 2018, under Sections 420, 406 I.P.C. & Section 66 I.T. Act, P.S. Sector-20 Noida, District Gautam Budh Nagar, is seeking enlargement on bail.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants, Piyush Tiwari, who is involved in Case Crime No. 1958 of 2018, under Sections 420, 406 I.P.C. & Section 66 I.T. Act, P.S. Sector-20 Noida, District Gautam Budh Nagar, is seeking enlargement on bail.
It has been submitted by learned counsel for applicants that applicant is innocent and he has been falsely implicated in this very case crime number. He is not named in the F.I.R., rather a subsequent recovery, after arrest of 11 persons including Sachin Tomar, Prashant Kumar, Dharmendra Lodhi Rajpoot, Pramod Yadav, Abhishek Kumar, Piyush Tiwari, VIshwajeet Mali, Pawan Kumar and Sandeep Kumar, was planted in above occurrence along with others. This recovery memo was planted one. Applicant is of no concern with alleged fraud. In similarly placed circumstance in Case Crime No. 1626 of 2018, lodged by another Army Officer at same police station, accused-applicant along with other eight accused have been enlarged on bail by way of making deposit of Rs.1,00,000/- each proportionate to alleged amount said to be siphoned by those accused persons from account of informant / military officer. Accused applicants are employees of Vishwajit Mali and Pawan Kumar, who have made their confession and who have deposited money for bail in Case Crime Number 1626 of 2018 and this case crime number in alleged ratio whereas present accused applicant is young graduate, searching for job and joined above job, in which fraud was committed by employer Vishwajit Mali and Pawan Kumar. He is victim of above offence principally committed by those accused persons but above assured amount may be deposited under protest without accepting liability, subject to final decision of the case. In present case also accused-applicant is ready to make payment in ratio amounting to Rs.2,00,000/-. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that those apprehended persons were involved in above act of fraud and by way of deceit towards informant / retired army officer got hefty amount deposited under mistaken fact, but as he is ready to make above deposit, the amount be got deposited and thereafter bail be granted.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Piyush Tiwari, involved in above mentioned case crime number be released on bail after depositing Rs.2,00,000/- in favour of informant and on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant wills 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 their bail.
Order Date :- 6.6.2019 bgs/