Court No. - 1
Case :- APPLICATION U/S 482 No. - 24972 of 2018 Applicant :- Raju Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Azhar Hussain, learned counsel for the applicant, learned counsel for opposite party no.2 and learned AGA for State.
The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the impugned part of the order dated 11.04.2018 passed by Special Judge (E.C. Act) in Bail Application No. 1997 of 2018 filed in Case No. 54 of 2012 in Case Crime No. 284 of 2011 under section 135 Electricity Act, Police Station Dauki, District Agra.
Learned counsel for the applicant submits that the applicant was granted bail by competent Court in the present offence on 11.04.2018 on a condition that he would deposit the balance amount to the power corporation but after his release from jail in the present case, he stated that the electricity connection was not in his name and the same was in the name of some other person namely Ram Sewak with whom the applicant has no connection.
The applicant has come up for waiving of the said condition of deposit of the money before granting bail which has been opposed by learned counsel for the Power Corporation who states that as per the bail order dated 11.04.2018, the applicant has given undertaking that he shall deposit the entire outstanding amount to the Power Corporation and after his release he is not abiding by the said condition. Hence, the present petition should be dismissed.
Considering the facts and circumstances of the case and perused the order granting bail and the conditions imposed upon the applicant while granting bail by the Court below, it appears that the applicant is not abiding by the said conditions. Thus, the impugned order requires no modification.
In view of the above, it is directed that if the applicant fails to deposit the money in pursuance of the order dated 11.04.2018 passed by the Special Judge, E.C. Act, Agra within three weeks from today, he shall be taken into custody.
Application lacks merit and is accordingly dismissed.
Order Date :- 25.7.2018 Madhurima