Court No. - 49
Case :- APPLICATION U/S 482 No. - 9758 of 2018 Applicant :- Yogendra Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Kumar Pandey,Dheeraj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
This application U/s 482 Cr.P.C. has been filed seeking a direction to the trial court to cancel the bail granted to the opposite party no.2 and to issue coercive process in Case Crime No. 581/16, under Sections 420, 467, 468, 471 IPC, Police Station Tajganj, District Agra.
Learned counsel for the applicant submits that while the opposite party no.2 had been enlarged on bail in Criminal Misc. Bail Application No. 24578 of 2016, he has not complied with the mandatory terms of that order and therefore, the bail granted to him stands cancelled. However, despite specific application filed by the applicant in this regard, the learned Magistrate has not passed any order on the same and is not securing custody of the opposite party no.2.
Criminal Misc. Bail Application 24578 of 2016 has been allowed by the order dated 21.07.2016 on the following terms:
"Let the applicant Rajiv Kumar Dwivedi involved in Case Crime No. 581 of 2016, under Sections 420, 467, 468, 471 I.P.C., P.S. Tajganj, District Agra be released on bail on furnishing a personal bond and two heavy 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 shall deposit the entire outstanding loan amount within a period of three months from today.
2. The applicant will not tamper with the evidence during the trial.
3. The applicant will not pressurize/ intimidate the prosecution witness.
4. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
5. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. 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 him 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, this order granting bail to the applicant shall automatically stand cancelled and the concerned court below shall proceed further against the applicant."
According to the applicant, the opposite party no. 2 has not deposited the entire outstanding loan amount within three months from the date 21.07.2016. In fact it has been submitted that the said amount has not been deposited at all. Certain communication issued by the Bank has been relied upon.
Without adverting to the merits of the matter or the correctness of the submission made by learned counsel for the applicant, this application is disposed of with the direction that in the event the applications dated 22.11.2016 read with 27.10.2017 filed by the applicant are still pending being (Annexure nos. 3 and 4 to this application), the same may be decided by the learned Magistrate, as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order.
Order Date :- 27.3.2018 Lbm/-