Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20157 of 2018 Applicant :- Ramakant Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Swetashwa Agarwal,Jitendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant is alleged to be a Branch Manager of Finance Company which has collected money from the public for the purpose of investment. The allegation is that the company has misappropriated the amount deposited by the informant. The argument is that the applicant is only employee of the company and the first information report has not been lodged against any Director or Managing Director of the company. The applicant cannot be held responsible for misappropriation done by the company wherein he was employed. The applicant has no criminal history and he is in jail since 07.05.2018.
On the other hand learned A.G.A. has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Ramakant Singh, involved in Case Crime No. 422 of 2017 under Section 406 I.P.C., Police Station- Haraiya, District- Basti 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 17.9.2018 Rohit