Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8117 of 2019 Applicant :- Ramvishal Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
At the very outset, instead of arguing the matter on merits, learned counsel for the applicant has submitted that the applicant is ready to pay back Rs.9,000/- and Rs.12,000/- in proportionate to his share as involved in this transaction to the informant side by way of demand draft within one month from the date of his release and an undertaking has been given that if the applicant fails to pay back the aforesaid amount, his bail may be cancelled. Applicant has no intention to escape liability fastened upon him. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 04.01.2019.
Though 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 the undertaking be given by the applicant that he will pay back amount by way of demand draft in proportionate to his share 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 proceeding, this bail application is allowed.
Let the applicant - Ramvishal involved in Case Crime No.3 of 2019, under Sections - 420, 406 I.P.C., Police Station - Bakewar, District - Fatehpur 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 subject to the condition that he will pay back Rs.9,000/- and Rs.12,000/- by way of demand draft in proportionate to his share in question within a period of one month next from the date of his release to the victim/informant of this case, as the case may be through the Chief Judicial Magistrate, Fatehpur who shall after due identification of the victim/informant hand over the same to the victim/informant.
However, it is made clear that if the amount in question is not paid by the applicant within one month from the date of his release, then the informant/victim shall be free to move an application before the Chief Judicial Magistrate, Fatehpur with a prayer to cancel the bail and upon ascertaining the real facts regarding non payment, the Chief Judicial Magistrate, Fatehpur shall cancel the bail of the applicant.
Order Date :- 25.2.2019 rkg