Court allowed bail application for applicant in a case involving cheating, forgery, and conspiracy under IPC, imposing conditions to prevent tampering with evidence and ensuring witness safety.
Release on bail with personal bond, two sureties, and conditions including payment of Rs. 12,500 to complainant, no tampering with evidence or witnesses.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34726 of 2019
Applicant :- Akhilesh Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Akhilesh Chauhan in connection with Case Crime No.309 of 2018, under Sections 420, 467, 468, 471, 120-B, 323, 504, 506 I.P.C., P.S. Daurala, District Meerut.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was one of the director of the company, namely, Aarvanss Infra CC Private Limited where the complainant has deposited Rs.9,62,500/to get 2 BHK Flats. He further submitted that the applicant was ousted from the directorship of the company on 05.07.2016. He further submitted that the applicant is ready to pay Rs.12,500/- to the complainant within two months from the date of his release as codirector of the company. He further submitted that the applicant has not fabricated any document and he has not committed any offence under Sections 467, 468, 471 I.P.C. He submitted that all the offences are triable by the court of Magistrate. He further submitted that the previous criminal history of the applicant has been explained in paragraph no.36 of the bail application. He submitted that the applicant is languishing in jail since 08.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
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 Akhilesh Chauhan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. The applicant shall not tamper with the prosecution evidence. The applicant will pay Rs.12,500/- to the complainant within two months from the date of his release from the jail.
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 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 :- 13.9.2019
R./
3 issues framed by the court
Whether to release the applicant on bail given the nature of allegations and evidence.
Whether the applicant is a fit case for bail under the specified IPC sections.
Whether conditions should be imposed to prevent tampering with evidence and witnesses.
2 provisions across 2 enactments
Akhilesh Chauhan
Ajit Singh
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
