Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17421 of 2019 Applicant :- Sanjay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri,Hira Lal,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Sanjay Kumar, who is involved in Case Crime No. 513 of 2017, under Sections 419, 420, 466, 467, 468, 471, 406 I.P.C., P.S. Bhadohi, District Bhadohi, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; applicant is languishing in jail since 16th October, 2018; first information report was got lodged by way of application moved under Section 156(3) Cr.P.C. before court of Chief Judicial Magistrate, Bhadohi against Girja Shanker Rai, Manish Kumar Chaubey and Chhedi Ram upon report of Rajbali Bind with this contention that those three accused persons being Directors of two companies Sunlife Agro and Capital Consultants Ltd. and Sunlife Infrabuild Ltd. got money deposited in the tune of Rs.60,000/- from informant, Rs.4,50,000/- from Bankey Lal Maurya and Rs.2,00,000/- from Amit Kumar Maurya likewise about Rs.1,50,00,000/- from others were deposited by them. They purchased agricultural land for creating confidence amongst the investors, but subsequently, under fraud, above land was got sold; they ran after closing above company; accused-applicant was an employee of above company and those named accused persons by doing another fraud got his name entered as Director of above company; subsequently, there was an account opened in the name of company under joint operation-ship of accused- applicant with one other, but no transaction from above account was there by applicant; he himself is victim of above offence of fraud committed by those named Directors; he has been implicated in the course of investigation; named accused Girja Shanker Rai has been enlarged on bail by another coordinate Bench of this Court vide order dated 05.04.2019 passed in Criminal Misc. Bail Application No. 14241 of 2019, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that present accused-applicant is Director of above company and was having a joint account being operated for company in Bank concerned.
The first information report was lodged against three Directors for commission of above offence of fraud and those three were Girja Shanker Rai, Manish Kumar Chaubey and Chhedi Ram. The named accused Girja Shanker Rai has been enlarged on bail by another coordinate Bench of this Court vide order dated 05.04.2019 passed in Criminal Misc. Bail Application No. 14241 of 2019. The accused-applicant was subsequently held to be Director of above company under conspiracy, but he has claimed to be an employee of above company and victim of above offence of fraud by those Directors. The applicant in his name has never operated nor transacted any account. Whatsoever transaction was there was for above company as being employee. His name as Director was manipulated by those accused persons. The applicant is of no concern with the alleged offence.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Sanjay Kumar, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two heavy and reliable sureties having landed property each in the like amount to the satisfaction of court concerned for ensuring that in case accusation is found to be correct, above amount may be recovered from accused- applicant, with an undertaking that he will not leave the jurisdiction of Court without intimating the Court at any point of time, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.4.2019 NS