Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29214 of 2019 Applicant :- Uma Shankar Tiwary Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 436 of 2017, under Sections 406, 420, 467, 468, 471 I.P.C., P.S. George Town, district- Allahabad/Prayagraj is seeking enlargement on bail during the trial.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case due to ulterior motive. He further submits that as per allegation made in the FIR that the present accused has taken money, in lieu of selling the house, from the complainant. Learned counsel for the applicant has offered Rs. 5,00,000/- by way of Demand Draft bearing no. 364928 dated 24.07.2019 in the name of complainant which has been given to learned counsel for the complainant and complainant is also present in Court. Learned counsel for the applicant further submitted that after release of applicant from jail, he will further pay of Rs. 5,00,000/- to the complainant within a period of two months and it cannot be treated as guilt of admission. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 11.06.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. counsel for the complainant has submitted that complainant is an old retired person and he is ready for negotiation to get his money back 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 and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 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, Uma Shankar Tiwary be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 436 of 2017, under Sections 406, 420, 467, 468, 471 I.P.C., P.S. George Town, district- Allahabad/Prayagraj subject to the following conditions:-
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants 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.
In case Rs. 5,00,000/- will not be paid to informant within a period of two months, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.7.2019 Ujjawal