Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31582 of 2017 Applicant :- Sanjeev Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.,Lal Mani Tripathi
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant Sri Lal Mani Tripathi and learned A.G.A. for the State respondent and perused the material on record.
A written compromise between the parties has been filed by the learned counsel for the parties before this Court, same is taken on record.
It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the informant due to ulterior motive. Learned counsel for the applicant further submits that the matter has been amicably settled between the parties and in this regard two demand drafts of Punjab National Bank amounting Rs. 5,80,000/- (DD Nos. 31316 and 31318) and three post dated cheques of ICICI Bank amounting Rs. 7,20,000/- (Cheque No. 000686 dated 25.5.2018 of Rs. 2,40,000/-, Cheque No. 000687 dated 25.7.2018 of Rs. 2,40,000/- and Cheque No. 000688 dated 25.9.2018 of Rs. 2,40,000/-) in favour of complainant has been produced and handed over to the learned counsel for the complainant. The endorsement of same has been separately recorded in the order-sheet. Learned counsel further submits that as the dispute has been settled, therefore, the applicant is entitled to be granted bail by this Court. It is next contended that applicant is neither a previous convict nor there is chances of his fleeing away from the judicial process or of his tampering with the prosecution evidence. It is lastly contended that the applicant is in jail since 12.7.2017 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer of bail but he could not deny the aforesaid facts.
Upon hearing learned counsel for the parties, considering the facts stated above, on perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sanjeev Kumar be released on bail in Case Crime No. 1947 of 2016, under Sections 420/467/468/471/504/506 IPC, P.S. Indrapuram, District Ghaziabad on furnishing a personal bond of Rs. 20,000/- and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.3.2018 Shekhar