Mahesh Chandra @ Bauwa vs State Of U.P.
2017 Latest Caselaw 7404 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 24
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17568 of 2017
 

 
Applicant :- Mahesh Chandra @ Bauwa
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pramod Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant and learned AGA for the State, and perused the record.

According to prosecution case, FIR was lodged by Smt.Lalti alleging that accused applicant Mahesh Kumar @ Bauwa cheated her by transferring Rs.1,90,000/- from her account.

It is submitted by learned counsel for the applicant that the applicant has deposited Rs.1,90,000/- in the account of complainant. He has no criminal history. He is languishing in jail since 31.1.2017(more than 10 months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

On the other hand, learned A.G.A. opposed the prayer for bail  and admitted that  applicant has deposited Rs. 1,90,000/- in the account of complainant which is mentioned in the IIIrd supplementary affidavit.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Mahesh Chandra @Bauwa involved in Case Crime No.17 of 2017, under Sections 419, 420, 406, 467, 468, 471 IPC, Police Station Khakhreru, District Fatehpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

1. The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurize/ intimidate the prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5.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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 29.11.2017

P.P.