In a bail application under Sections 420 and 406 IPC for cheating and breach of trust, the court granted bail to the applicant despite the gravity of the offence, directing payment to the complainant and fixing bond conditions.
Released on bail on executing a personal bond with two sureties and furnishing a demand draft of Rs.50,000 to the complainant.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41575 of 2019
Applicant :- Nadeem Opposite Party :- State Of U.P. Counsel for Applicant :- Shantanu Srivastava,Usha Srivastava 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 Nadeem in connection with Case Crime No.335 of 2019, under Sections 420, 406 I.P.C., P.S. Dhampur, District Bijnor.
It was alleged in the first information report that the applicant had cheated the complainant and others persons on the false promise of sending them to Saudia Arabia and had taken Rs.55,000/- from the complainant and Rs.60,000/-, RS.60,000/-, Rs.65,000/-, Rs.1.13 lacs, Rs.1 lac and Rs.75,000/- from other persons. It was further alleged that after taking the money and all documents from the various persons the applicant had fled away and he was not traceable.
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 without accepting the guilt the applicant is ready to pay Rs.50,000/- to the complainant at the time of filing of bail bonds, in case he is being released on bail. He submitted that the applicant is languishing in jail since 09.07.2019 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.
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 Nadeem 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.
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.
vi) The applicant is directed to furnish a demand draft of Rs.50,000/- before the learned trial court concerned at the time of filing of bail bonds and the trial court is directed to hand over the same to the complainant after verifying their credentials.
Order Date :- 22.10.2019
R./
1 issue framed by the court
Whether the bail application filed by Nadeem in the cheating case is to be allowed.
1 provisions across 1 enactments
Nadeem
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
