Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25380 of 2018 Applicant :- Rajendra Prasad Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Pradeep Kumar Rai,Saurabh Trivedi,Saurabh Trive
Hon'ble Siddharth,J.
Heard Shri Gaurav Kakkar, learned counsel for the applicant , learned AGA for the State and Shri Pradeep Kumar Rai, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rajendra Prasad Sharma with a prayer to release him on bail in Case Crime No. 455 of 2018, under Sections 420, 406, 467, 468, 471 IPC, Police Station Nauchandi, District- Meerut, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The allegation in the First Information Report is that amount of Rs. 1,10,000/- was given by the informant to the named accused for the purpose of opening shop. The applicant is not named in the First Information Report. Police has found that applicant has impersonated Sanjay Gupta and indulged in the alleged offence. The recovery of Rs. 2,00,000/- has been shown in the recovery memo prepared on 18.5.2018.Police has implicated him showing his photograph affixed in place of Sanjay Gupta in the identity proof. Recovery of Rs. 2,00,000/- from the possession of the applicant is alleged. Learned counsel for the applicant has pointed annexure-10- A to the affidavit filed in support of the application wherein amount of Rs. 2,00,000/- has been withdrawn on 18.5.2018 from the IDBI bank. Learned counsel for the applicant has argued that this amount was withdrawn by him on the same date, which has been shown as amount recovered by the police in the recovery memo dated 18.5.2018.The applicant is not named in the First Information Report. Applicant has no criminal history. He is in jail since 18.5.2018.
Learned for the informant has argued that applicant has cheated 107 persons and charge sheet has already been submitted by the police wherein 123 persons have been mentioned as witnesses in the alleged crime. He has further stated that from the recovery memo it is clear that applicant has impersonated Sanjay Gupta, therefore he is not entitled for bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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, let the applicant Rajendra Prasad Sharma involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2018 Atul kr. sri.