Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52244 of 2019 Applicant :- Rajan Arora Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Khalil Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Rajan Arora, who is involved in Case Crime No.580 of 2019, under Sections 420, 406 IPC and Section 66 of Information Technology Act, Police Station Transport Nagar, District Meerut, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that the main grievance of the informant is that the accused person by sending a false messages and OTP number succeeded in withdrawing an amount from the account of the informant, as such he adopting different modus operandi extracted an amount of Rs. 23,100/- of the informant. It is further submitted that on 27.9.2019 applicant was apprehended by the police and nothing has been recovered from his possession. The applicant has criminal history of one case, in which he is already on bail.
Learned counsel for the applicant states that the applicant is ready to deposit an amount of Rs. 23,100/- (rupees twenty three thousand one hundred only) before the trial court under protest.
It is also submitted that the applicant is facing detention since 27.9.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate submits that he has no objection if the court release the applicant on bail on the aforesaid condition.
Having considered the facts and circumstances of the case and further considering the submission of learned counsel for the applicant that the applicant is ready to deposit the amount of Rs. 23,100/- (rupees twenty three thousand one hundred only) before the trial court under protest, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled to be released on bail. Hence, the bail application is allowed.
Let the applicant, Rajan Arora, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall deposit an amount of Rs. 23,100/- (rupees twenty three thousand one hundred only), by way of demand draft in the name of trial court, before his release on bail.
2. The aforesaid amount so deposited by the applicant shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the culmination of trial. The deposit so made, shall be subject to final decision of the trial.
3. The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
4. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
5. The applicant will not indulge in any unlawful activities.
6. The applicant will not misuse the liberty of bail in any manner whatsoever. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.12.2019/Mini