Bijendra Singh @ Sukha vs State Of U P

Court No. - 48

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43394 of 2017 Applicant :- Bijendra Singh @ Sukha Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the applicant and learned A.G.A. Perused the record.

Submission of counsel for the applicant is that payments were made through cheques to the labourers and the applicant is not the beneficiary. Further submission is that applicant had also neither issued the cheques nor verified the work. The applicant also did not disburse the money and only his presence is allegedly shown in the bills. Attention of the court was drawn to the orders passed with regard to co-accused Mahavir Prasad Kamboj, Raj Kumar Sharma and Mahesh Kumar passed by another benches of this Court on 26.10.2017, 6.11.2017 and 6.11.2017 respectively whereby they have already been granted bail. Submission is that applicant has retired from the service and is aged about 66 year. The amount alleged to have been embezzled is to the tune of Rs.9900/-. Submission is that there is absolutely no chance for him to abscond from the course of justice and is ready to submit to the jurisdiction of the court and accept all the conditions which this court may deem fit to impose upon him. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 13.9.2017 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. It has been pointed out that the applicant is not having any criminal history.

Learned A.G.A. has opposed the prayer for bail.

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

Let the applicant-Bijendra Singh @ Sukha, involved in Case Crime No.24/2008, u/s 467, 409, 468, 471, 120-B I.P.C. and Section-13(2) of Prevention of Corruption Act, 1988, P.S.-Pinahat, District-Agra be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

Order Date :- 8.11.2017 M. Kumar