Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24442 of 2019 Applicant :- Rashid Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
This is second bail application. The first bail application was rejected by this Court on 20.02.2019.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that in this case, the overall amount involved was Rs.10 lakhs to be paid to State Bank of India, Begum Bridge, Meerut. He further submitted that approximately Rs. 2,14,000/- has already been paid by the applicant and the applicant is regularly paying the installment of Rs.16,500/- per month.
Now, the applicant promises as a measure of fresh ground that he should be allowed bail on condition that he shall continue to repay and will not commit any default till the payment is over and in case of default, this bail order may be cancelled either by this Court or the court concerned/Chief Judicial Magistrate concerned.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant has duped the bank of huge amount and there is no guarantee that the applicant shall continue to pay the same, till the entire loan is exhausted. However, he submitted that stringent condition may be imposed on him and in case of default, this bail order should be cancelled.
The applicant has assured by filing supplementary affidavit that he shall without fail/default deposit the entire loan amount as due against him by way of monthly installment and shall not make any default and in case of any such default, this bail order shall be liable to be cancelled.
In view of the submissions and the undertaking given by the applicant that he will pay back the amount in question and will cooperate with the trial and shall remain present before the court concerned as and when the date is fixed in the trial proceeding and upon consideration of the entirety and upon solemn promise and undertaking given by the applicant by way of filing supplementary affidavit that the entire loan amount shall be continued to be paid without fail by way of monthly instalment, this second bail application is allowed.
Let the applicant be - Rashid involved in Case Crime No. 392 of 2017, under Sections - 420, 406, 466, 467, 468, 469, 471, 120B I.P.C., Police Station - Lal Kurti, District - Meerut 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 shall continue to pay and will not commit any default, till the entire loan amount is over and in case of default, this bail order may be cancelled by the court concerned/Chief Judicial Magistrate concerned.
However, it is clarified that proof of payment of each monthly installment shall be regularly produced before the Chief Judicial Magistrate, Meerut by the 25th day of each month concerned and if the 25th day is a holiday or a day on which the court is closed, then the next working day shall be deemed to be the appropriate day and the Chief Judicial Magistrate shall ascertain validity of the payment so made. In case any default is made in payment or in non-production of the proof of the payment so made, the Chief Judicial Magistrate, Meerut shall, without any second thought, pass an order that this bail order is hereby cancelled for non compliance of the order passed by this Court.
Order Date :- 26.7.2019 S Rawat