Learned A.G.A. files counter affidavit, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused Vikas Walia @ Sajan Sharma, S/o Sri Sukh Deo, R/o Chandanpur Kaseth, P.S. Banipatti, District Madhubani, Bihar is involved and detained in case crime no. 213 of 2009 under Sections 420, 467, 468, 471, 406, 504, 506, 177, 411 IPC & U.P. Gangster Act, from P.S. Sadullah Nagar, District Balrampur and he has applied for bail.
The submission of learned counsel for the applicant is that Amar Mehta @ Paramjeet Singh @ Rinku Singh whose real name is Paramjeet Singh, S/o Jahara Singh, R/o S-13, Har Govind Enclave, Rajpur Khurd, Chatarpur, P.S. Mehrauli, New Delhi wrongly mentioned as S/o Tilakraj, R/o Ms. Jai Durga Associates, Office No. 3, Classic Computer, Plot No. 17, Sector No. 16, New Panvel, New Bombay No. 410206 is said to be the main accused. It is alleged that he used to cheat the persons desirous to go to abroad by extracting heavy amount from them. The accused is said to an associates of Amar Mehta @ Paramjeet Singh @ Rinku Singh. Co- accused Paramjeet Singh has already been ordered to be released on bail vide detailed and reasoned order dated 19.3.2010 passed by another bench of this Court in Cr. Misc. Case No. 683 (B) of 2010. The accused is not named in the First Information Report. He, therefore, also deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned A.G.A. for the State. Keeping in the view the totality of the facts and circumstances of the case as well as the fact that the main accused Paramjeet Singh has already been ordered to be released on bail, therefore, without any adverse comments on the merit of the case, the accused applicant may also be released on bail.
Let the applicant Vikas Walia @ Sajan Sharma be released on bail on his furnishing a personal bond of two reasonable heavy local sureties each in the like amount to the satisfaction of the court concerned.
Provided that the accused applicant shall appear before the trial court on 15th day of every month, after his release from jail and get his attendance recorded; if it is a holiday or the courts are closed for some reason, he shall make himself available on the very next working day and get his attendance recorded before the court. This restriction is being imposed as the address given by the accused applicant is of Madhubani (Bihar) and he may not evade the trial proceedings. It is also directed that Chief Judicial Magistrate shall properly verify the credentials of the sureties before releasing the applicant on bail. The restriction is imposed till the conclusion of the trial. The court concerned shall also impound the passport, if any, before releasing the applicant on bail.
Order Date :- 29.6.2010 Santosh/-