Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47341 of 2018 Applicant :- Satish Tomar Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh,A.K.S.Parihar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the material available on record.
At the very outset, learned counsel for the applicant has submitted that in this transaction, no offence has been committed by the applicant. However, the alleged share received by the applicant aggregated around Rs. 1,12,500/-, which money has been deposited under protest with Court of Chief Judicial Magistrate, Ghaziabad on 17.1.2019, copy whereof has been placed on record vide Annexure No.1 to the Compliance Affidavit. There is no possibility of the applicant absconding or misusing the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for bail. However, he has not disputed the fact of amount deposited by the applicant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Prem Pal Singh involved in Case Crime No. 746 of 2018, under Sections - 406, 420, 467, 468, 471 I.P.C., Police Station - Masuri, District - Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 S Rawat