Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30757 of 2019 Applicant :- Sudesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri S.P.S.Chauhan, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Sudesh in connection with Case Crime No.231 of 2017, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., P.S. Nauhjhil, District Mathura.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the same set of allegations earlier an first information report was lodged in which the allegation of taking Rs.5 lacs from Bajna Inter College, Bajna was also levelled in which the police had submitted the final report. He further submitted that there is only allegation on the applicant who is the owner of the brick kiln that he had taken a cheque of Rs.5 lacs from the Manager of the School, namely, Bajna Inter College, Bajna and the applicant had returned back the money allegedly to the son of the Ram Swaroop Singh and had not supplied the bricks. He further submitted that the cheque, which was given to the applicant was returned by him and he has not caused wrongful loss to anybody and he had not gained wrongfully anything. He further submitted that applicant has been nominated only due to political rivalry which is going on between the management committee and their opponents. He submitted that the applicant is languishing in jail since 04.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have 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 Sudesh involved in the aforesaid crime 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 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 :- 31.7.2019 R./