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Suraj Bhan Singh vs State Of U.P. on 11 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 26908 of 2019

Applicant :- Suraj Bhan Singh

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sunil Kumar Singh,Ram Bahadur,Shri Anil Srivastava, Senior Adv.

Counsel for Opposite Party :- G.A.

Hon’ble Ajit Singh,J.

Heard Sri Anil Srivastava, learned Senior Advocate, assisted by Sri Sunil Kumar Singh, learned counsel for the applicant and the learned A.G.A.

This is a bail application on behalf of the applicant Suraj Bhan Singh in connection with Case Crime No.05 of 2018, under Sections 420, Section406, Section409, Section467, Section468, Section471, Section120-B I.P.C., P.S. Chhatta, District Agra.

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 the applicant was working as a Branch Manager/Credit Manager of the Canara Bank and now he has been retired. He submitted that the complainant had taken a loan from the bank, which was not regularly paid by the complainant and thereafter, the bank has taken the steps for the recovery of the aforesaid loan and also initiated the proceedings under the SectionSARFAESI Act. He further submitted that no offence under Section 406 I.P.C. is not made out as the applicant was not entrusted any amount by the complainant and he has not used any amount for his personal use. He further submitted that no offence under Section 409 I.P.C. is made out. He further submitted that the applicant has not utilized any single penny for his personal use. He submitted that the offence under Sections 467, Section468 and Section471 I.P.C. are not made out as no forged papers were furnished by the applicant and the papers, which were annexed for taking a loan, were furnished by the complainant. He further submitted that the applicant is a senior citizen, aged about 64 years and a disabled person. He submitted that the applicant is in jail since 21.05.2019 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 and submitted that the applicant has converted the category of account of the complainant from O.D. to O.C.C.

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 Suraj Bhan Singh 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.

Order Date :- 11.7.2019

R./

 

 

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