Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28345 of 2017 Applicant :- Shiv Singh Chandel Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Rao,Satyendra Kumar Tripathi,Sri O.P. Singh Counsel for Opposite Party :- G.A.,Ram Swaroop Singh,Shira Kant Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 509 of 2017, under Sections 420, 467, 468, 470, 471 IPC, P.S. Kalyanpur, District Kanpur Nagar.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. He further contended that applicant has been shown to be a guarantor of the alleged loan of Rs. 30 lacs but the FIR carries substantial charge against the Branch Manager and Assistant Manager who have executed the loan documents. He specifically stated in para 16 of the affidavit filed in support of bail application that he has not put his signatures on anywhere in the bank documents in the capacity of guarantor for the purpose of bank loan. The charge sheet has been filed by the police and the court has taken cognizance on the same. However, the applicant is languishing in jail since 17.06.2017 in connection with the alleged crime.
On contrary, learned AGA opposed the prayer for bail.
Considering the aforesaid submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled for bail.
The bail application, accordingly, stands allowed.
Let the applicant Shiv Singh Chandel involved in the aforesaid case be released on bail on 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear before the trial court in the first week of every month and also on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.2.2018 IrfanUddin