Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52164 of 2019 Applicant :- Shivnarayan Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Ms Alpana Singha, learned counsel appearing for State and perused the record of the case.
Submission is that applicant has been falsely implicated in the present case. It is further submitted that incident occurred in the year 2015 where as the FIR was lodged on 8.12.2016 without there being any cogent explanation. Further submission is that applicant is neither the agent of Nirmal Groath Nidhi Limited Company nor he ever asked the informant to deposit the money in the said company. It is further submitted that applicant has been falsely implicated in this case in counter blast to the application dated 27.11.2016 submitted by the wife of applicant before the SSP, Allahabad against the informant for illegally demanding the money and extending threats to her. Applicant is in jail since 30.10.2019.
Learned AGA vehemently opposed the present bail application.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shivnarayan Prajapati be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 381 of 2016, under Sections 419, 420, 467, 468, 471 IPC, P.S. Audhyogik Kshetra, District Allahabad subject to following conditions:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019/RavindraKSingh