Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32026 of 2018 Applicant :- Raj Kumar Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Dheeraj Kumar Singh,Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Raj Kumar Tiwari with a prayer to release him on bail in Case Crime No. 503 of 2017, under Sections 406, 420 IPC, Police Station Moth, District- Jhansi, during pendency of trial.
The allegation against the applicant is that he has taken Rs. 5 lacs from the informant on the pretext of providing him job, after his school gets aid from the State Government. The allegation against all the co-accused persons are on similar lines. Large amount of money of about Rs.1.25 crore is alleged to have taken by the accused persons together from various persons. The applicant is stated to have taken Rs.5 lacs. An amount of Rs.49,000/- is alleged to have transferred in the account of applicant on 16.10.2017. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 09.4.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
On the other hand learned AGA has also 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 deserves to be released on bail for a period of one month. He will deposit a demand draft of Rs.55,000/- in the name of informant and another demand draft of Rs.2 lacs in the name of C.J.M., Jhansi before the C.J.M., Jhansi within one month. The demand draft of Rs. 55,000/- shall be released in favour of the informant and Rs.2 lacs shall be kept in the name of court in fixed deposit of Nationalized Bank bearing maximum rate of interest. These amounts shall abide by the final decision of the trial. In case, the demand draft of aforesaid amounts is not produced before the concerned Chief Judicial Magistrate, this bail order granted to the applicant shall stand cancelled and he will be taken into custody forthwith. In case amount is paid to the informant, the applicant shall continue on bail till the conclusion of trial. The deposit of these amounts by the applicant and acceptance of the Rs.55,000/- by the informant shall not affect their respective case before the trial court.
Let the applicant Raj Kumar Tiwari involved in the aforesaid crime be released on bail for a period of one month on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
6. This payment of money is without prejudice to the right of the applicant to defend himself before the Trial Court.
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 :- 23.8.2018 Ruchi Agrahari