Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43395 of 2016 Applicant :- Raju Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Roshan Kumar Singh,A.T. Pandey,Krishna Kant Shukla,Luxmi Prasad Sharma,Manvendra Narain Pathak,Mohd. Irfan Counsel for Opposite Party :- G.A.,Ashwani Mishra
Hon'ble Vivek Kumar Singh,J.
Counter and Rejoinder affidavits have been exchanged between the parties.
Heard Sri Manvendra Narain Pathak and Sri D.S. Pandey, learned counsel for the applicant, Sri Ashwani Mishra, learned counsel for the complainant and Sri Ashwani Yadav, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant was not named in the first information report nor any recovery of money has been made from the possession of the applicant. Only on the basis of statement of account that in the account of the applicant is deposited Rs. 9 lacs, he has been falsely implicated in the present case. The said fact has been mentioned in para 7 of the affidavit filed in support of bail application. It is further submitted that the other co-accused persons have earlier approached this court by means of Crl. Misc. Writ Petition Nos. 19027 of 2016, 19028 of 2016 and 19029 of 2016 and the Division Bench of this Court was pleased to stay the arrest of the co-accused. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.10.2016. The applicant has no other reported criminal antecedent.
Learned counsel for complainant and learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Raju Kumar involved in Case Crime No. 587 of 2016, under Section 420, 506, 408, 467, 468, 471, 120B I.P.C., Police Station Sector-20 Noida, District Gautam Buddh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 court below shall be at liberty to cancel the bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 28.3.2018 Arti