Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18019 of 2019 Applicant :- Surya Narayan Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Samta Singh Kushwaha,Raj Deo Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants Surya Narayan Singh and Musair Ram, who are involved in Case Crime No.
201 of 2018, under Sections 406, 409, 188 I.P.C., P.S. Zamaniya, District Ghazipur, are seeking enlargement on bail.
It has been submitted by learned counsel for applicants that applicants are innocent; they have been falsely implicated in this very case crime number; a direction by Division Bench of this Court in P.I.L. was given, in pursuance of which inquiry was conducted and accused-applicants Surya Narayan Singh and Musair Ram, Gram Panchayat Adhikari, Hameedpur were held responsible for embezzlement of conversation cost of Rs.44901.94/- and Rs.73475.08/- along with Village Pradhan for amount written in report; both the accused-applicants have deposited above amount in Government Treasury and receipt is filed with this application; conversation cost said to be embezzled was by Village Pradhan and accused-applicants were notionally responsible for it; accused-applicants are old retired government servants; they are of no criminal antecedents; there is no likelihood of their fleeing from course of justice or tempering with evidence in case they are released on bail, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the above factual aspect.
The deposit receipt filed with record reveals that alleged amount of embezzlement has been deposited by both the accused-applicants and this report was got lodged on the basis of non-deposit of above amount, for which direction was given. Meaning thereby, the report itself was got lodged on the basis of non- deposit of above amount, which has subsequently been deposited, hence considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants Surya Narayan Singh and Musair Ram involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 30.4.2019 NS