Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30723 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, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 185 of 2017, under Sections 420/120B I.P.C. and 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, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the applicant was simply an investor in the company, who is alleged to have duped the investors money. Further submission is that similarly placed co-accused Vijay Kumar Gautam has already been granted bail by this Court by order dated 10.7.2019 passed in Criminal Misc. Bail Application No. 27467 of 2019, copy whereof has been filed as Annexure-10 to the affidavit accompanying the bail application. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 18.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. However, the fact has not been disputed by him that identically placed co-accused has been granted bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Pramod Kumar Solanki be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 185 of 2017, under Sections 420/120B I.P.C. and 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 subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 :- 31.7.2019 Faridul