Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35678 of 2018 Applicant :- Sachin Datta @ Sachidanand Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Kumar,Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sachin Datta @ Sachidanand with a prayer to release him on bail in Case Crime No. 1258 of 2015, under Sections 420, 467, 468, 471 IPC, Police Station Sector-58, District- Gautam Buddha Nagar, during pendency of trial.
The allegation against the applicant in short is that he is partner of the construction firm, who has taken loan against common security from two financial institutions. There are 32 criminal cases against the applicant registered after registration of the present F.I.R. The applicant had no prior criminal history. The applicant is languishing in jail since 05.4.2017. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Sachin Datta @ Sachidanand involved in the aforesaid 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.
4. The applicant shall surrender his passport before the C.J.M. concerned and also give undertaking that he will not leave the country without permission of the Court.
5. The applicant will not alienate any property of the company or any property in his personal name or in the name of his immediate family members without permission of the court below.
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 :- 20.9.2018 Ruchi Agrahari