Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26212 of 2018 Applicant :- Wazid Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.,Abrar Ahmad,Sikandar Azam Lari,S.Azam Lari
Hon'ble Siddharth,J.
Heard Shri Ravindra Sharma, learned counsel for the applicant, learned AGA for the State, Shri Abrar Ahmad, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Wazid Ali with a prayer to release him on bail in Case Crime No. 437 of 2016, under Sections 419, 420, 467, 468, 471, 409, 120-B IPC, Police Station Kotwali Padraunna, District- Kushinagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The allegation against the applicant is that he has introduced certain persons to the bank for the purpose of opening account. The account holders were found to be fictitious and their identity were also found to be fictitious.
Learned counsel for the applicant has submitted that his role is confined to the extent of the allegation in the First Information Report. The allegation of misuse of public money is against the other co-accused.He is neither a bank official nor he gave benefit of the government scheme to any one.
Learned counsel for the informant vehemently opposed the prayer for bail and argued that even dead persons were introduced by the applicant to the bank and their accounts were opened. The allegations in the First Information Report are correct.
Learned A.G.A. has also opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
After hearing the rival submissions , the informant is the private person, who has some enmity with the applicant. He has lodged the First Information Report as custodian of the public money.There is nothing on record that First Information Report has been lodged by any Government official. The criminal history of ten cases against the applicant has been properly explained in paragraph-10 of the supplementary affidavit. The applicant is languishing in jail since 7.5.2018 Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Wazid Ali involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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 :- 6.9.2018 Atul kr. sri.