Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53135 of 2019 Applicant :- Ram Viraj Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Pandey,Satish Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satish Kumar Tyagi, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 220 of 2019 under Sections 7 of Prevention of Corruption Act, 1988, Police Station Nandganj, District Ghazipur, during the pendency of trial.
Learned counsel for the applicant contends that applicant has been falsely implicated. A false allegation has been levelled against the applicant that he was demanding Rs. 30,000/- to convert the case from N.C.R. into an offence under Sections 308 and 325 IPC. The trap proceedings are not in accordance with law. Applicant has no previous criminal history. The applicant is languishing in jail since 15.10.2019 If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ram Viraj Singh involved in 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 :- 16.12.2019 A.P. Pandey