Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36270 of 2018 Applicant :- Yogesh Pratap Singh Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he has accepted Rs.6 lakhs in his bank account from the informant for the purpose of partnership of supply of sand. It has further been alleged that no such partner- ship was created and money was misappropriated.
Learned counsel for the applicant has submitted that Rs 6 lakhs was transferred in his bank account has been withdrawn by his father Hukum Singh. He is a student of B.Sc. and has not been able to return the amount of Rs.6 lakhs. It has been further argued that the main role is of the co-accused Hukum Singh.
On the other hand learned AGA has opposed the prayer for bail.
Sri Amit Kumar Srivastava, learned counsel for the informant has vehemently opposed the prayer for bail on the ground that transaction of money in the account of the applicant is proved from the record and document on the basis of which it was represented that it is the contract of supply of sand, is found to be forged document.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for 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, the Court is of the applicant be released on bail for a period of three months. During which period applicant shall deposit a demand draft of Rs.3,00,000/- drawn in favour of the informant before the C.J.M. concerned. On depositing of the aforesaid demand draft, the same shall be released in favour of the informant.
However, in case of default in depositing the demand draft as aforesaid the bail granted to the applicant shall stand cancelled and he shall be taken into custody forthwith.
This payment of money is without prejudice to the rights of the applicant to contest the trial and the deposit of amount shall abide by the final decision of the trial court.
If the order is complied with, the bail granted to the applicant shall continue till the conclusion of trial.
Let the applicant Yogesh Pratap Singh Chauhan involved in Case Crime No.244 of 2018, under Sections 420, 467, 468, 471 IPC, Police Station Surajpur, District- Gautam Budh Nagar be released on bail for a period of three months on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 25.9.2018 SS