Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34428 of 2019 Applicant :- Sonu Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Nirbhay Kumar 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. 736 of 2019, under Sections 406, 420 IPC, P.S. Vijaynagar, District Ghaziabad.
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. It is further contended that the FIR was lodged by the Sub Inspector of Police and it has been alleged in the FIR that the present accused and another co-accused were doing business of depositing the insurance policy and collected illegal commission. It is further contended that the applicant has not cheated any person nor there is any complaint from any private person who has been allegedly cheated. It is further contended that all the offence are triable by the Magistrate. He further submitted that co-accused Aman has been released on bail by this Court vide order dated 19.08.2019 passed in Criminal Misc. Bail Application No. 32925 of 2019. Lastly, he submitted that the applicant has no previous criminal history and he is languishing in jail since 16.7.2019 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 Sonu Kumar 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 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.
Order Date :- 26.8.2019 Abhishek Singh