Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It is further submitted that loan of Rs.7.5 lcs was taken from M/s Orix Auto Infrastructure Services Ltd. (complainant) for the purchase of Tata Truck and the truck was hypothecated with the said Company. Some dispute with regard to payment arose and the applicant became defaulter and consequently the truck was seized by the company. It is further submitted that the present FIR was lodged with ulterior motive just to harass and victimise the applicant. The present case is purely of civil nature .The bail application has been opposed by learned AGA.and learned counsel for the complainant. The applicant is in Jail since 9-12-2009. Keeping in view the nature of the offence, evidence, complicity of the accused ,severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail Let the applicant Rajiv Singh Sisodia involved in Case crime no.1073 of 2009 under section 406, 420, 504,506 IPC, Police Station Hariparwat district Agra be released on bail 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:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 22.1.2010 IA