Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14217 of 2019 Applicant :- Prashant Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Bahadur Singh,Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Prashant Kumar Yadav, who is involved in Case Crime No. 635 of 2017, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali Nagar, District Etah, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; first information report was got lodged by Executive Engineer, P.W.D. against proprietor Prabhat Singh, M/s U.S. Construction; this Prabhat Singh was the owner of U.S. Construction, who has been accused for submitting false, forged and fictitious FDRs for getting contracts; accused- applicant is of no concern with M/s U.S. Construction or Prabhat Singh; he has been falsely implicated in this case crime number only on the basis of statement of one Pankaj Kumar as alleged power of attorney holder; whereas for delegating any power, resolution of company is needed, but no such resolution authorizing someone was in case diary and even if there was some resolution, an agent or an employee of above M/s U.S. Construction may not be held responsible for offence committed by proprietor or director of above company; there was implication in other cases with same accusation for submission of false, forged and fictitious FDRs by M/s U.S. Construction, in which applicant has been enlarged on bail, hence bail has been prayed for.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Prashant Kumar Yadav involved in above mentioned case crime number 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.
Order Date :- 26.4.2019 NS