The High Court allowed bail to the applicant, an LIC agent accused of cheating and criminal breach of trust, by imposing standard conditions to prevent tampering with evidence and intimidation of witnesses.
Release of the applicant on bail by furnishing a personal bond and two sureties each in like amount.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21568 of 2020
Applicant :- Sarvesh Dixit Opposite Party :- State of U.P. Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is an L.I.C. agent. The informant had opened an Insurance policy no. 234807171 on 23.3.2009 and the date of maturity was on 23.3.2018. The informant had not paid premium instalment due to which the policy of informant was lapsed in the year 2010. The applicant had informed to the informant about the lapse of policy even then the informant had not paid premium instalment. It has further been submitted that the applicant has not committed the alleged offence. In the first information report date of incident has been shown as 1.1.2009 to 2.8.2019 and first information report has been lodged on 24.1.2020 with delay of 7 months. There is no satisfactory explanation of delay in lodging the F.I.R. It has been further submitted that the applicant has falsely been implicated in two other cases by the family members of the informant. Criminal history of the applicant has been explained in paragraph nos. 12 and 13 of the affidavit filed in support of bail application. The applicant belongs to a reputed family and there is no apprehension that he will abscond or temper the evidences. The applicant is in jail since 26.5.2020.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sarvesh Dixit involved in Case Crime No. 19 of 2020, under Section 406, 506 IPC Police Station Derapur District Kanpur Dehat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 18.8.2020 Gss
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal proceedings.
2 provisions across 1 enactments
Sarvesh Dixit
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
