Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34692 of 2018 Applicant :- Sushant Kumar Nayak Opposite Party :- State Of U.P. Counsel for Applicant :- Km. Anjana Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Ms. Km. Anjana, learned counsel for the applicant, the learned AGA for the State & Sri Ankit Saran, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sushant Kumar Nayak with a prayer to release him on bail in Case Crime No. 653 of 2018, under Sections 406 and 420 IPC, Police Station Sector-20, Noida, District- Gautam Budh Nagar, during pendency of trial.
After hearing the rival contentions, it appears that there was some commercial agreement between the parties, which has been violated. The main grievance of the informant is that the applicant is not appearing for settlement of the dispute between the parties, as a result of which, the amicable settlement of the dispute is not possible and therefore, he wants that the applicant should not be enlarged on bail.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, it appears that by keeping the applicant in jail, no purpose of the informant will be served. Let the applicant Sushant Kumar Nayak involved in the aforesaid crime be released on bail for the period of six months for settlement of dispute with the informant 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.
4. In case, the applicant fails to appear even on one date in trial, bail granted to him shall stand cancelled and he shall be taken into custody forthwith.
5. The applicant shall surrender his passports, if any, before the C.J.M. concerned and he will not leave the country without permission of the court below.
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 :- 14.9.2018 Ruchi Agrahari