Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28379 of 2018 Applicant :- Sanjay Singh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he is Kisan Mitra and has taken certain amount from the customers, which he is not returning. There is no allegation that the money was taken in the name of bank. Money was taken from different persons for his personal use and requirement and not for the purpose of depositing in the bank. The impugned FIR has been lodged by the Manager of the bank only on the allegation that the people, who have lended money to the applicant, create ruckus in the bank and therefore, he has lodged the FIR.
The argument of the learned counsel for the applicant is that the bank manager has no locus to lodge the FIR since no money of the bank has been taken by the applicant and the aggrieved persons could have filed FIR, in case they had some grievance. The impugned FIR has been lodged illegally by the bank manager, who had no locus to lodge the FIR on the allegations made in the first information report. The applicant has no criminal history and is in jail since 27.5.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sanjay Singh Yadav involved in Case Crime No.0076 of 2018, under Sections 406, 419, 420, I.P.C, Police Station Zamania, District Ghazipur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are 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 so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.7.2018 T. Sinha