Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32763 of 2018 Applicant :- Shiv Autar Opposite Party :- State Of U.P.
Counsel for Applicant :- Deo Anand,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Shiv Autar with a prayer to release him on bail in Case Crime No. 788 of 2017, under Sections 419, 420, 467, 468, 471 IPC, Police Station Karwai Kotwali, District- Chitrakoot, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The allegation against the applicant is of fraudulent sanction of loan by affixing the photographs of the applicant over the loan application form. The argument is that when the Kishan Credit Card loan is issued, the Bank Officials make on the spot inspection and after verification of the identity of the person applying for loan, the loan is sanctioned. The form has been identified by Rajesh Singh, Surendra Singh and Jaggu Vishwakarma were the guarantor of the loan. The manager of the Bank has also been implicated in this case. The applicant has criminal history of two cases, which have been explained in paragraph No. 15 of the affidavit in support of the bail application. The applicant is languishing in jail since 24.1.2018.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India 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, let the applicant Shiv Autar involved in the aforesaid crime 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 with the following conditions that :-
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 :- 28.8.2018 Atul kr. sri.