Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30569 of 2019 Applicant :- Pramod Kumar Solanki Opposite Party :- State Of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 163 of 2017 under Sections 420 & 120-B I.P.C. & Sections 3, 4, 5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978, P.S. Phase-3 Noida, District Gautam Budh Nagar.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that the present accused was a small investor in the company which has duped the money of the investors. He further submitted that the co-accused Vijay Kumar Gautam, Anubhav Mittal, Sunil Kumar Mittal, Mahesh Dayal, Rajnish Kumar and Amod Tyagi who were having similar role, have already been enlarged on bail vide orders dated 08.07.2019, 13.09.2018, 03.05.2018, 17.11.2017 & 4.7.2018 passed by Co-
ordinate Benches as well as by this Court in Criminal Misc. Bail Application Nos. 26883 of 2019, 6972 of 2018, 20243 of 2017, 44709 of 2017, 26565 of 2019 and 26607 of 2019 respectively.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 18.05.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Pramod Kumar Solanki be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant 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 :- 30.7.2019 Shanu