Criminal bail application regarding cheating, criminal conspiracy, and dishonored cheques. The High Court allowed bail, directing the applicant to deposit Rs. 1,00,000 with the complainant and furnish bond and sureties.
Application allowed; applicant released on bail subject to bond, sureties, and deposit of Rs. 1,00,000 with the complainant.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15854 of 2019
Applicant :- Ajay Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Agrawal,Satya Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter Affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 571 of 2018, under Sections 147, 420, 406, 323, 504, 506 IPC, P.S. Tundla, District Firozabad.
As per prosecution version, the applicant has taken 706 bags of potatoes of the complainant at the rate of 711 per bag the entire potatoes bags were taken by the applicant and two cheques were given to the complainant, which were dishonored. When the complainant demanded money from the accused person then he was abused and mar-peet had been committed.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that he is the commission agent and potatoes bags were purchased by the co-accused Moveen who had to made payment. It is further contended that without accepting his guilt, he is ready to pay an amount of Rs. 1,00,000/- to the complainant within two months of his released from jail. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 16.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant- Ajay Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall deposit a sum of Rs. 1,00,000/- through a demand draft drawn in favour of complainant before the trial Court, the trial Court shall hand over the same to the complainant.
vi) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.9.2019
SFH
2 issues framed by the court
Whether the present case is a fit case for granting bail.
Whether the applicant who has not accepted guilt is eligible for bail on furnishing sureties and deposit.
Ajay Kumar
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
