Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34647 of 2018 Applicant :- Pravendra Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Nath Singh Counsel for Opposite Party :- G.A.,Amrit Shanker Dubey
Hon'ble Siddharth,J.
On the last date Sri Amrit Shankar Dubey, Advocate, has put in appearance on behalf of the informant and sought time to file counter affidavit. Today list has been revised. No one appears on behalf of the informant to oppose this bail application nor any counter affidavit has been filed.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he took Rs.7,50,000/- from the informant and provided him tender in the Railway Department, which was found to be a fabricated document later on.
The argument is that there is dispute between the parties regarding sale of some land. The informant was required to deposit Rs.5 lakhs. He has paid Rs.3 lakhs to the applicant and since the property is in the joint name of their family members, therefore, sale could not take place and there is dispute regarding refund of amount paid. The applicant has no criminal history and is in jail since 26.07.2018.
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 Pravendra Kumar Yadav involved in Case Crime No. 488 of 2018, under Sections 420, 406, 467, 468, 471 IPC, Police Station Sirsaganj, District- Firozabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned 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 :- 25.9.2018 SS