Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26154 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.
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 Bishnoi with a prayer to release him on bail in Case Crime No. 10 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 is that fraudulent loan was sanctioned in the name of informant without her knowledge in the year 2009- 2010. The informant has alleged that she was never aware of loan sanctioned in her favour. However in her statement recorded under section 161 Cr.P.c. she has accepted that loan amount was withdrawn by her through withdrawal form whereon signature of the informant has been accepted.
The argument is that informant herself was beneficiary of the loan. She has falsely implicated the applicant in this case.The applicant is languishing in jail since 25.4.2018, who is not a previous convict. 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.