Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36551 of 2019 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari 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. 154 of 2019, under Sections 420, 467, 468, 471 I.P.C. and Section 66D Information Technology Act, P.S. Arniya, district-Bulandshahar, is seeking enlargement on bail during the trial.
As per allegation in the FIR four persons including present accused were arrested by the police when they were trying to disburse the loan by committing fraud and they were collecting money from the public for providing them loan illegally. Three persons out of four including present accused were arrested at the spot and certain articles were allegedly recovered from them. Rs. 2,00,000/- lac was recovered from co-accused Pradeep and one ATM card and a sim card were recovered from the present accused.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that neither any person was present at the spot when the accused was arrested nor anyone has complaint to the police that he was duped by these arrested persons. Further submission is that all the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 21.7.2019 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. but has admitted that till date during investigation no member of the public has claimed that he has been cheated by the arrested persons or they had taken any money from anyone.
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, Rahul involved in the aforesaid case 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 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 :- 26.9.2019 Faridul