Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15827 of 2018 Applicant :- Varun Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Kundan Rai Counsel for Opposite Party :- G.A.,Rajesh Chandra Gupta
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and Sri Rajesh Chandra Gupta, learned counsel for the opposite party no.2 on behalf of the first informant.
The allegation against the applicant is that he along with other co-accuseds run a committee whereby they collected money from the members and it was paid to one member at a time. The allegation is that the applicant alongwith co-accused collected the money but did not paid the same to the informant. There is no date of transaction in the F.I.R. nor exact date of the transaction has been mentioned. The co-accused Ruby Mishra against whom charge-sheet has been submitted has approached this Court by way of Crl. Misc. Application under Section 482 No. 23228 of 2018 and proceedings against her has been stayed by this Court. The applicant is in jail since 02.02.2018 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Varun Mishra, be released on bail in Case Crime No. 1369 of 2017, under sections 420, 406 I.P.C, P.S. Sector 39, Noida, District- Gautambudh Nagar on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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.
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 :- 30.7.2018 Rohit