Shoaib v. State of U.P.

Court No. - 57

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23681 of 2017

Applicant :- Shoaib Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Husain,Ankur Tondon,Faizul Hasan,Syed Hasan Shaukat Abidi Counsel for Opposite Party :- G.A.,Bharat Singh

Hon'ble Shashi Kant,J.

Heard Shri Faizul Hasan, learned counsel for the applicant, Sri Zafeer Ahmad, learned A.G.A for the State of U.P., Sri Bharat Singh, learned counsel for first informant and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No. 422 of 2017 under Sections 420, 406 I.P.C, Police Station - Civil Lines, District - Moradabad, with the prayer to enlarge him on bail.

The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 20.04.2017. It is further submitted on behalf of applicant that first informant was a friend of applicant and he had given some money to start business in which the first informant and his mother-in-law would get same share in the profit from the business and would also share the loss, if any. The applicant started business but it failed and the amount invested was lost. Thereafter, the fist informant started mounting pressure upon the applicant for returning the money invested by him and started threatening the applicant of dire consequences. However, without admitting his guilt, the applicant is willing to return Rs.7 lacs to the first informant and to show his bonafide he has submitted a Bank Draft No. 250798 dated 08.02.2018 amounting to Rs.3,50,000/- drawn in the name of Smt. Kamla Kapoor, mother-in-law of first informant. He further undertakes to return remaining amount of Rs.3,50,000/- within a reasonable period as fixed by the Court, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.