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2024 DIGILAW 922 (ALL)

Ashish Kumar Singh Sisodiya v. State of U. P.

2024-03-29

MOHD.FAIZ ALAM KHAN

body2024
JUDGMENT : MOHD. FAIZ ALAM KHAN, J. 1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State, as well as Shri Rahul Yadav, Advocate, who has put in appearance and filed his vakalatnama/power along with short-counter affidavit on behalf of the informant/complainant and perused the record. The short counter affidavit filed along with vakalatnama/power is taken on record. Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary. 2. This bail application has been moved by the accused/applicant-Ashish Kumar Singh Sisodiya for grant of bail in Case Crime No. 080 of 2024, under sections 419, 420, 467, 468, 471, 406 and 506 IPC read with section 66D of Information Technology (Amendments) Act, 2008 lodged at police station Asandra, district Barabanki, during trial. 3. Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and, he has not committed any offence, as claimed by the prosecution and the allegations have been levelled in the FIR as well as in the statement of the prosecution witnesses are false, concocted and could not be believed. It is vehemently submitted that the allegations have been levelled against the applicant that he has taken huge amount of money from the informant, however, during the course of investigation a compromise has taken place between the applicant and the informant/complainant and, it is in lieu of that compromise, the informant-complainant is not opposing the plea of bail of the applicant. Attention of this court has been drawn towards written compromise dated 05.03.2024 entered into between the wife of the applicant and the informant/complainant and, it is stated therein that the money which was due upon the applicant has been received by the informant/complainant. It is also submitted that in two cases where identical allegations have been levelled against the applicant, the applicant has been enlarged on bail by this court vide orders dated 19.03.2024 passed in criminal misc. bail application nos. 2871 of 2024 and 2847 of 2024 respectively, copies of which have been produced by the learned counsel for the applicant for perusal. 4. It is next submitted that the applicant is languishing in jail in this case since 09.02.2024. bail application nos. 2871 of 2024 and 2847 of 2024 respectively, copies of which have been produced by the learned counsel for the applicant for perusal. 4. It is next submitted that the applicant is languishing in jail in this case since 09.02.2024. Criminal history of the applicant has been explained in Para-17 of the affidavit enclosed with the bail application and there is no apprehension that after being released on bail, the applicant he may flee from the course of law or may otherwise misuse the liberty. 5. Learned A.G.A. however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and, therefore, he is not entitled to be released on bail. 6. Shri Rahul Yadav, learned counsel for the informant/complainant, submits that he, under the instructions given by the informant/complainant and relying on the short-counter affidavit filed on behalf of the informant/complainant, is making his submission that he is not opposing the bail plea of the applicant as the dispute between the parties has been settled. 7. Considering the fact that the informant/complainant and the wife of the applicant has compromised the dispute under which the money which was due upon the applicant has been paid back to the informant/complainant and having regard to the period of custody already undergone by the applicant in this case and also the fact that criminal history of the applicant has been explained adequately, a case for bail is emerging in favour of the applicant. 8. In result, the instant bail application is allowed. 9. Let the accused/applicant-Ashish Kumar Singh Sisodiya involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. 12. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. 12. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.