Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18067 of 2019 Applicant :- Vijay Tomar @ Neetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vijay Tomar @ Neetu has prayed to release him on bail in Case Crime No. 05 of 2018, u/s 419, 420, 467, 468, 471, 34 I.P.C., section 66 of Information Technology Act, P.S. Cyber Crime Sector 36 Noida, District Gautam Budh Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Seven persons were apprehended on spot and they have confessed to be solvers of above examination, which was scheduled to be held on the date when the accused were arrested. There were recovery from them and all of them have been enlarged on bail by a coordinate Bench of this Court and copies of bail orders have been attached with the bail application. The name of the accused-applicant figured on the basis of confessional statement of above arrested accused persons. He is of no concern with them. He is of no criminal antecedent and is a government servant. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with the contention that subsequently three cases were shown to be criminal history of the applicant.
F.I.R. reveals names of seven accused persons, who were apprehended by the police team in a conspiracy and attempting to appear in an examination as solvers in place of real examinees for their success by impersonating and by fabricating and forging Admit Card and Adhar Card. They took the names of their conspirator in which name of the applicant was figured. Accused-applicant was neither apprehended from the spot nor there was any recovery from him. Criminal history has been duly explained. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Vijay Tomar @ Neetu, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his 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 his bail.
Order Date :- 30.4.2019 Pcl