Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28761 of 2018 Applicant :- Sharad Saxena Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Saxena,Anubhav Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument is that there is no time and date in the F.I.R. when the alleged offence occurred and reoccurred. Number of cheques of different amounts have been mentioned in the F.I.R. which are stated to have been given to the applicant by the informant as security and they have been dishonoured. He has already filed a complaint under the provisions of Negotiable Instruments Act before the competent court, wherein the applicant has already been summoned and is contesting the case. It has further been argued that the applicant is 50 percent disabled as clear from his disability certificate brought on record. The applicant is in jail since 13.03.2017 and has no criminal history except the complaint case as stated above.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Sharad Saxena, be released on bail in Case Crime No. 613 of 2017, under sections 406, 420, 467, 468, 471 I.P.C, P.S. Kannauj, District Kannauj on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2018 Rohit