Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31339 of 2017 Applicant :- Shabbir Opposite Party :- State Of U.P.
Counsel for Applicant :- Shishir Tandon,M J Akhtar Counsel for Opposite Party :- G.A.,Anjani Kumar Raghuvanshi
Hon'ble Ajit Kumar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 129 of 2017, under Section 420,409 and 506 IPC, P.S. Lalkurti, District Meerut.
The allegation as per first information report is that there was oral contract between informant and accused persons for purchase of silver scrap and for that necessary payment of Rs. 3,50,000/- was already made in advance, however, when goods were received by the informant he did not bear signature that was made for the genuineness of the goods to be supplied and yet he opened the box, he found that it was some dust without silver. The arguments advanced by the learned counsel the applicant is that he has been falsely implicated in the present case as he had supplied material of copper scrap as had been agreed.by road transport pertaining to which necessary receipts have been annexed and according to him, it is admitted by the informant that he had received the goods. He further contended that it is very surprising as to how dust of 1200 kg would have been dispatched in such manner. He contends that chargehseet has been filed and court has taken cognizance of the case. He further contends that there is no previous criminal history of the applicant and he is in jail since 17.6.2017.
On contrary, learned counsel for the complainant and learned AGA opposed the prayer for bail and contends that the it is a matter of breach of trust and fraud being played by the applicant.
Considering the aforesaid submissions of learned counsel for the parties and considering the argument regarding innocence of the applicant in crime concerned, regarding his culpability and the fact that the chargehseet has been filed and court has taken cognizance of the case and the fact there is no previous criminal history of the applicant but at this stage without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Shabbir involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
It is made clear that Identity,status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 30.3.2018 Sanjeev