Court allowed bail to Mohammad Shakeel in a criminal case alleging embezzlement and forgery, citing compromise between parties and lack of prior criminal record as key factors.
Released on bail with personal bond and two sureties on specific conditions including no tampering with evidence or witnesses.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38346 of 2019
Applicant :- Mohammad Shakeel Opposite Party :- State Of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Mohammad Ayub, learned counsel has filed his Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 39 of 2019, under Sections 323, 420, 406, 452, 504, 506, 120B IPC, P.S. Mantola, District Agra.
As per prosecution version, the present accused was working as a commission agent in the company of the complainant and was getting Rs. 6,000/- as salary and commission on the sold material. It was alleged in the FIR that the present accused has embezzled more than Rs. 21 lacs from the complainant company.
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 the parties had entered into a compromise and there is no dispute left between the parties now. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 8.8.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA as well as learned counsel for the complainant 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 . Mohammad Shakeel
Let the applicant Mohammad Shakeel 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 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 :- 15.10.2019 Mini
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Sections 323, 420, 406, 452, 504, 506, 120B IPC.
Mohammad Shakeel
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
