Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49246 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 2290/2018 under Sections 392, 411, 34 IPC police station Indirapuram, District Ghaziabad with the prayer to enlarge the applicant on bail.
I have perused the entire record.
As per prosecution version, the complainant has lodged the FIR against one Sachin who was working as Cash Collection Agent in his company, alleging that he has misappropriated a sum of Rs. 6,28,889/-. However, later on it was found that the alleged amount was robed by unknown person from said Sachin and therefore, the case was converted from under Section 406 IPC to under Section 392, 411 IPC. During investigation, an amount of Rs. 40,000/- was recovered from the accused-applicant.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant was not named in the FIR and he has been falsely implicated in the present case; that nothing has been recovered from the possession of the applicant; that the applicant has no previous criminal history; that there is no evidence against the applicant to show any active participation in the alleged crime; that the investigation of the case has been completed and the chargesheet has already been submitted; that the applicant is in jail since 25.10.2018 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, however, he does not rebut the aforesaid facts.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Ravi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is 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.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 Anand Verma