Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57274 of 2019 Applicant :- Shyam Lal Saini Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Krishna Gopal, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 105 of 2012 under Sections 409, 120B, 467, 468, 471, 472 IPC and Section 13(1)D/13(2) of P.C. Act,, Police Station Nagfani District Moradabad, during the pendency of trial.
It has been argued by the learned counsel for the applicant that accused-applicant has been falsely implicated in the present case. It is wrongly mentioned that in the selection process of Pasudhan Prasar Adhikari, he had put his signature in the merit list, which contained name of accused Kuldeep Kumar, who had been awarded two marks on the basis of sport certificate, which was not in accordance with G.O.. He was only clerk in the concerned Department, at the relevant time and has retired long back. By now he is aged about 70 years. Co-accused Smt. Shashi Vala, has been granted bail in Crl. Misc. Bail Application No. 56184 of 2019 vide order dated 17.12.2019. Accused is lying in jail since 7.11.2019. Accused-applicant has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact that co-accused- Shashi Vala has been granted bail, whose case is at par with the case of the present accused, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Shyam Lal Saini involved in 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 :- 20.12.2019 A.P. Pandey