The court allowed the bail application of Dr. Siddharth Nath in a theft and cheating case. Bail was granted subject to furnishing sureties and the condition that future dishonour of post-dated cheques would lead to bail cancellation.
Released on bail executing a personal bond and furnishing two sureties of equal amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42851 of 2018
Applicant :- Dr. Siddharth Nath Opposite Party :- State Of U.P. Counsel for Applicant :- Devendra Kumar Upadhyay,Amit Daga Counsel for Opposite Party :- G.A.,Rajesh Kumar Gautam
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Amit Kumar Pandey, Advocate holding brief of Sri R.K. Gautam, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the informant has submitted that in this case, worthy compromise has reached between the parties and cheques of different post dated bearing different amount have been handed over by the applicant's side to the informant. However, he has expressed apprehension that may be that on the basis of compromise worked out, the applicant is admitted to bail, there is possibility of cheques being dishonoured meant for post dated cheques.
At this stage, learned counsel for the applicant has specifically submitted that the cheques are genuine and there is no possibility of the same being dishonoured. The applicant does not bear any previous criminal history and is languishing in jail since 17.09.2018.
Learned A.G.A. has submitted that some safeguard should be ensured to the informant when post dated cheques are dishonoured. Though worthy compromise has reached between the parties but the same will fructify after payment of last cheque in a series of cheques issued by the applicant side.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity
of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Dr. Siddharth Nath involved in Case Crime No.220 of 2018, under Sections 420, 467, 468, 471, 406, 120-B, 323, 504, 506 I.P.C., Police Station Lohamandi, District Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
However, it is made clear that in case the post dated cheques are dishonoured, it will be worthy ground for cancellation of bail which can be moved by the informant or any other interested in the informant before the court concerned.
Order Date :- 4.12.2018
rkg
2 issues framed by the court
Whether the applicant is entitled to release on bail pending trial.
Whether safeguards against future dishonour of post-dated cheques are required for bail.
1 provisions across 1 enactments
Dr. Siddharth Nath
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
