Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25647 of 2018 Applicant :- Rakesh Kumar Bishnoi Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed today by the learned A.G.A. is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rakesh Kumar Bishoni with a prayer to release him on bail in Case Crime No. 11 of 2018, under Sections 420, 406, 504, 506 IPC, Police Station Chhajlet, District- Moradabad, 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 against the applicant is that some persons got loan sanctioned in the name of his wife and minor sons in the years 2007, 2009 and 2010 respectively. When the counsel for the bank sent notice on 24.8.2015 for repayment of loan, he came to know about cheating done by the accused.
The argument is that it is not clear whether the loans were sanctioned fraudulently or genuinely. It is the subject matter of trial.It is possible that persons who got loan sanctioned have lodged First Information Report only to protect themselves and to avoid liability of repayment of loan. The applicant is languishing in jail since 25.4.2018. Applicant has no prior criminal history. In case, the applicant is released on bail, he will not misuse the liberty of 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 Rakesh Kumar Bishnoi 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 :- 23.8.2018 Atul kr. sri.