Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22897 of 2019 Applicant :- Sanjay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Hira Lal,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sanjay Kumar seeks bail in Case Crime No. 264 of 2018, under Sections 419, 420, 466, 467, 468, 471, 406 IPC, P.S. Bhadohi, District- Bhadohi.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the applicant is not named in the first information report and his name has surfaced in the statement of Ram Chandra Chauhan and Phool Chandra.
From the perusal of first information report, it is alleged that Girja Shankar, Manish Kumar Chaubey and Chhedi Ram, who are shown to be Directors of companies Sunlife Agro and Capital Consultants Ltd. and Sunlife Infrabuild Ltd. got money deposited from the investors and in order to dupe the investors they purchased land and thereafter sold the said land. The said transaction was entered into just with an intention to create confidence amongst the investors.
Learned counsel for the applicant has next submitted that he himself had invested Rs. 5000/- in the aforesaid company and subsequently an account was opened under joint operation of accused applicant with Chhedi Ram, Director of the company and no transaction was made by the applicant as he himself is victim in the present transaction and subsequently made an accused. Learned counsel for the applicant has next submitted that apart from the present case on the basis of same allegation, the applicant was made an accused in another case in which he has already been granted bail by this Court in Criminal Misc. Bail Application No. 17421 of 2019 vide order dated 25.4.2019. Learned counsel for the applicant has next submitted that looking to the allegations made in the first information report, main role has been assigned to co-accused Girja Shankar, Manish Kumar Chaubey and Chhedi Ram, who are alleged to have collected the deposits of customers and thereafter duped them, Girja Shankar, Manish Kumar Chaubey and Chhedi Ram are in jail in the present case. Learned counsel for the applicant has next submitted that applicant has no concern with the alleged offence. Lastly, it is submitted that applicant is in jail since 16.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The police report has already been filed and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 16.10.2018 and police report has already been submitted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Sanjay Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.5.2019 KU