Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17327 of 2019 Applicant :- Rakesh Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Singh,Ranjeet Singh,Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Learned counsel for the applicant submits that he is ready to handover the amount in question, as claimed by the informant, i.e. Rs.9,600/-. He further submits that he is ready to furnish an undertaking that, in case, he is released on bail, he will deposit the said amount in question on or before 10th May, 2019 by way of Bank Draft. There is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 17.11.2018. He further submitted that another Bench of this Court in the case of applicant itself in Criminal Misc. Bail Application No.1650 of 2019 vide order dated 11.01.2019 has enlarged the applicant on bail with a condition to handover the amount in question to the informant by way of bank draft.
The learned A.G.A. has vehemently opposed the prayer for bail but conceded that if applicant is ready to deposit the requisite amount in question, then Court may consider his bail application sympathetically.
In view of the submissions and in view of the order passed by another Bench of this Court as aforesaid and in view of the undertaking given by the applicant that he will deposit the amount in question and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings, this bail application is allowed.
Let the applicant, Rakesh Kumar Singh involved in Case Crime No.084 of 2018, under Sections 406, 420, 467, 468, 471 I.P.C., P. S. Harbansh Mohal, District Kanpur Nagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned alongwith an undertaking that he will handover Rs.9,600/- by way of Bank Draft on or before 10th May, 2019 to the victim/informant.
It is made clear that in case of default on the part of the applicant in complying the undertaking so given, the informant shall be free to make submission for violation of condition by moving the bail cancellation application before the Chief Judicial Magistrate concerned and in case, applicant is not surrendered before the court below, Chief Judicial Magistrate, concerned shall straight-way issue non-bailable warrant against the applicant and cancel the bail of the applicant.
Order Date :- 25.4.2019 R./