Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40176 of 2019 Applicant :- Vijay Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kesh,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, 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. 34 of 2019, under Sections 143, 506, 406, 419 and 420 I.P.C., P.S. Khuthan, district-Jaunpur, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against six accused persons, alleging therein that they had taken Rs. 13,00,000/- from the husband of the informant. About 8 to 9 lac were taken through R.T.G.S. and the rest of the amount was taken in cash on the false promise that they will get provide job to the husband of the informant in Education department. But the job was not provided to the husband of the informant. It is also alleged in the FIR that when the informant was alone in her house the other co-accused Vivek Rai has committed rape with her and also threatened her with dire consequences.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The only allegation which has been made against the applicant is that when the informant came to the house of the applicant, the applicant after hurling abuses threatened her with dire consequences, which is evident from her statement recorded under Section 164 Cr.P.C. (Annexure-3). He lastly submitted that the applicant has no criminal history and he is languishing in jail since 14.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Vijay Upadhyay involved in the aforesaid case 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 subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.9.2019 Faridul