Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26011 of 2021 Applicant :- Vijay Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Upadhyay,Rishabh Kumar Pandey,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 194 of 2018, under Section 409, 420, 467, 468, 471, 120-B IPC, Section 39 Aadhar Card Act, 2016, Section 66(C) IT Act and Section 3/7 E.C. Act, registered at Police Station Railway Road, District Meerut.
Learned counsel for the applicants have submitted that the applicant has been falsely implicated in the present case. It is submitted by learned counsel for the applicant that as per prosecution version the fair price shop dealers, named in the FIR misused the Aadhar Identification System meant for essential commodity of the card holders. Learned counsel for the applicant submitted that it is a case of false implication. The applicant is not named in the FIR, he has been subsequently implicated and arrested by the police in the present case. No allegation has been levelled against him in the FIR. The criminal history of the applicant has been explained in para-16 of the affidavit filed in support of bail application. The applicant is in jail since 05.01.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Vijay 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 their personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
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 :- 13.8.2021 SK Srivastava