Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56800 of 2019 Applicant :- Ratan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Jawahir Yadav,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Subhash Chandra Tiwari, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.262 of 2005 under sections 406, 409, 420 I.P.C. and section 13(1) C read with 13 (1) D, 13 (2) Prevention of Corruption Act, 1988, Police Station Kotwali, District Shahjahanpur, during the pendency of trial.
It is argued by the learned counsel for the applicant that the accused-applicant has been falsely implicated in the present case. He was Incharge of Hariharpur Centre where wheat used to be stored, which was procured for the purchase year 2004- 2005. A false allegation has been made that he had used 6089 old sacks in place of new sacks and new sacks were retained by him. He has never used the old sacks nor did he pocket any money, which caused loss to the State exchequer. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 05.11.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Ratan Singh involved in aforesaid case 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 :- 19.12.2019 AU