Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39900 of 2019 Applicant :- Shiva Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 0042 of 2019, under Sections 467, 468, 471, 419, 420, 406, 119, 120, 120B, 192, 193, 198, 200, 196 IPC, P.S. Haliya, District Mirzapur.
As per FIR version, certain illegalities were committed in the Pradhan Manti Avas Yojna and on complained the matter was investigated and order to be reported for criminal action. It was alleged that certain ineligible persons were chosen for providing them house in this scheme. Some named and unnamed persons were nominated as an accused, the present accused was not named in the FIR. His name has surfaced during investigation and he was also shown as beneficiary who has taken Rs. 44,000/- illegally.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case and he was not named in the FIR. It is further contended that he has accepted that he has taken Rs. 44,000/- illegally and he is ready to pay an amount of Rs. 44,000/- to the Government. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 11.8.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Shiva Sonkar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 on the date fixed by the trial court.
iv) The applicant shall deposit a sum of Rs. 44,000/- through a demand draft drawn in favour of complainant before the trial Court, the trial Court shall hand over the same to the complainant.
v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
vi) 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 :- 26.9.2019 Mini