Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36698 of 2021 Applicant :- R.N. Anjaneyulu Opposite Party :- State of U.P.
Counsel for Applicant :- Ujjawal Satsangi Counsel for Opposite Party :- G.A.,Pankaj Agarwal,Sunil Kumar Pathak
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 0170 of 2021 under Sections 420, 406, 504, 506, 342, 384, 409 I.P.C.
registered at P.S.- Etmaddaulla, District-Agra.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Entire claim is purely of civil nature. Applicant has admitted in paragraph 18 of the Affidavit filed in support of Bail Application that outstanding due is Rs. 15,08,270/-. Learned counsel for the applicant further submitted that applicant is ready to pay the aforesaid amount if released on bail. Further submitted that the applicant is languishing in jail since 25.06.2021.
Per contra, learned A.G.A. and learned counsel for the complainant opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Perusal of the record reveals that applicant in paragraph 18 of the Affidavit filed in support of bail application, has admitted that outstanding due amount is Rs. 15,08,270/- and during course of argument, learned counsel for the applicant stated that if applicant is released on bail, applicant is ready to pay the due amount of Rs. 15,08,270/-.
In view of the above, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant R.N. Anjaneyulu involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will pay the aforesaid amount i.e. 15,08,270/- in three equal installments within one year from the date of his release and the first installment will be payable after two months from the date of his release. In case of failure of this condition, the complainant can move bail cancellation application.
2. The applicant shall not tamper with the evidence or threaten the witnesses.
3. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
4. During trial, he shall not indulge in any criminal activities.
5. In case of non-payment of installment, complainant can move bail cancellation application before trial court and trial court shall proceed accordingly.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.12.2021 A. Mandhani