Allahabad High Court
Alok vs State Of U.P. on 9 July, 2019
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27237 of 2019
Applicant :- Alok
Opposite Party :- State Of U.P.
Counsel for Applicant :- Paritosh Kumar Malviya
Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27188 of 2019
Applicant :- Nishu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Paritosh Kumar Malviya
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Rajiv Lochan Shukla, learned counsel has filed his Vakalatnama on behalf of applicants, is taken on record.
Learned counsel for the applicants is permitted to correct the prayer clause during the course of the day.
Heard learned counsel for the applicants and learned A.G.A. for the State.
These two bail applications on behalf of the applicants in connection with Case Crime No.469 of 2019, under Sections 420, 467, 468, 386, 507 and 120B IPC and 66-A Information Technology Act, P.S. Sector-20, NOIDA, District Gautam Budh Nagar are being decided by a common order.
As per prosecution version, the FIR was lodged by the complainant with the allegation that his maternal brother Dr. Mahesh Sharma was contested Lok Sabha election and on 24.3.2019 one social worker Usha Thakur with the present applicant Alok Kumar came to met Dr. Mahesh Sharma and offered his help with 300 workers in campaign of Lok Sabha election 2019. It is also alleged that the applicant Alok Kumar met with informant and gave him a letter of CMD Rachna Groups with a estimate of Rs. 90,00,000/- of expenses. On 9.4.2019 Alok came to informant and asked he wants to meet Dr. Mahesh and when Alok asked about the purpose to meet Dr. Sharma then Alok told that he has done sting operation of Dr. Mahesh Sharma. But due to busy schedule of election process, the informant postponed the meeting. On 21.4.2019 Usha Thakur came to the hospital for check-up of her mother at 1:15 pm, then one Nishu came there and asked that she was sent by Alok and Khalid to give a typed letter to Dr. Mahesh Sharma. It was alleged that total Rs. 7 to 8 crore cash was demanded. It has been alleged in the FIR that accused Nishu has been arrested on the spot and mobile, Laptop, Pen Drive and other electronic devices as well as demand letter were recovered.
Learned counsel for the applicant has submitted that the applicants have been falsely implicated in the present case and accused Nishu has not given any letter and nothing incriminating was recovered from the present accused. He further submitted that the recovered material was taken from the possession of I.T. Head of Kailash Hospital and Dr. Kartike. He further submitted that all the offence are alleged is triable by Court of Magistrate. He further submitted that the alleged demand letter of money has neither scripted nor signed by the applicants. He further submitted that the applicants never blackmailed or demanded money from Dr. Mahesh Sharma and all the allegations are totally false and fabricated.
Lastly he submitted that the applicant Alok is languishing in jail since 2.5.2019 and applicant Nishu is languishing in jail since 22.4.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA 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, both bail applications stands allowed.
Let the applicants Alok and Nishu be released on bail in the aforesaid case crime number on their 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) The applicants 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 :- 9.7.2019
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