Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4101 of 2018 Applicant :- Radhey Shyam Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiva Kant Srivastava,Pradeep Chauhan Counsel for Opposite Party :- G.A.,Shobhanath Singh Yadav
Hon'ble Shashi Kant,J.
Heard Shri Pradeep Chauhan, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A for the State of U.P., Sri Shobhanath Singh Yadav, learned counsel for complainant and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 6827 of 2016, under Sections 406, 420 I.P.C, Police Station - Mehnagar, District - Azamgarh, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case due to enmity since applicant has lodged two criminal cases agianst the applicant and his close relative as is evident from copy of NCR dated 04.04.2016 (Annexure No. 7) and memo of complaint dated 10.09.2015 (Annexure No. 5), the first information report of the case has been lodged after inordinate delay of more than one year by means of application under Section 156(3) Cr.P.C. without any plausible explanation for the delay, the applicant has not signed on the alleged agreement to sell, he is having no previous criminal history and in jail since 10.01.2018, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for complainant have opposed the prayer for grant of bail to the applicant stating that applicant has duped the complainant and has cheated the complainant of his hard earned money which he has arranged by selling his land and a sum of Rs.30,00,000/- has been taken away from the complainant.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Radhey Shyam Tiwari be released on bail in Case Crime No. 6827 of 2016, under Sections 406, 420 I.P.C, Police Station - Mehnagar, District - Azamgarh, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.3.2018 A. Verma