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2020 DIGILAW 500 (ALL)

Ashutosh Rathi v. State of U. P.

2020-02-14

SIDDHARTH

body2020
JUDGMENT : 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. It appears that there was commercial relation-ship between the informant and the applicant. The first information report has been lodged only to pressurize the applicant to make payment of money, which is claimed by other side. It has been submitted by the learned counsel for the applicant that without approaching the civil court liability of the party cannot be determined. The first information report has been lodged in abuse of process of court. The applicant is in jail since 31.07.2019. 3. On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions. 4. Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and 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. 5. Let the applicant, Ashutosh Rathi, involved in Case Crime No.445 of 2018, under Sections 420, 406, 452, 504, 506, 120B IPC, Police Station Kasna, District-Gautam Budh Nagar 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.