Citation : 2019 Latest Caselaw 4132 ALL
Judgement Date : 6 May, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19048 of 2019 Applicant :- Ravindra Kumar Parashar Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated in this case on the basis of a complaint regarding money dispute. Further submission is that on the basis of complaint, matter was investigated by the Investigating Officer and statement of informant under section 161 Cr.P.C. was recorded on 25.12.2016. Thereafter again on 3.11.2017, statement of informant was recorded and on the basis of said statements, charge sheet was submitted. Further submission is that applicant is in jail since 02.2.2019 without having previous criminal history. He undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. vehemently opposed the prayer of bail.
Considering the facts and circumstances of the case, without commenting on the merits of the case, I find it a case for bail.
Let the applicant Ravindra Kumar Parashar be released on bail in Case Crime No. 1245 of 2016, under Sections 406, 420, 467, 468, 471 IPC, P.S. Quarsi, District Aligarh, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
i. The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.5.2019
RCT/-
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