Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14826 of 2019 Applicant :- Ravindra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Counter and rejoinder affidavit filed today which is taken on record.
Heard learned counsel for the applicant learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has contended that he has been falsely implicated in the case due to ulterior motive and submitted that as a matter of fact the applicant was appointed and working with the society on class-IV post of Peon. The applicant being class-IV employee neither has got any authority nor received any money from family and no allegation regarding issuance of any receipt or any due certificate. He further contended that in department proceedings as per order dated 20.04.2017. As per order applicant service were terminated however the appellate administrative committee vide order dated 20/26.04.2017 has set aside the earlier order and reinstate with minor punishment of warning. There is no any charge regarding misappropriation or embezzlement of money. The applicant is in jail since 18.12.2018. The applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicants are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicant- Ravindra Kumar, involved in Case Crime No. 18 of 2016, under Sections- 420, 409, 464, 468 & 471 I.P.C., Police Station- Gagalhedi, District- Saharanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appears before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2019 Rohit