BAIL(A)_50899_2017.pdf

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  Court No. - 13Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50899 of 2017 Applicant :- Guddan Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Shivendu Ojha,Sri Radha Kant Ojha Counsel for Opposite Party :- G.A.,D.K.Shukla Hon'ble Ifaqat Ali Khan,J. Heard Sri Radha Kant Ojha, assisted by Sri Shivendu Ojhalearned counsel for the applicant and learned A.G.A on theCriminal Misc. Bail Application No. 50899 of 2017 (GuddanPatel Vs. State of U.P.). This Bail Application is moved by applicant for bail in SpecialCase No. 02 of 2012 (Yogendra Vs. Ashwani Patel and others),under sections 8, 9 and 13 of the Prevention of of CorruptionAct and under sections 504 and 506 IPC, police stationGhughali, District Maharajganj. In nutshell the prosecution version is that on 12.07.2011scholarships were being distributed amongst the students inSmt. Ram Pati Devi Purva Madhaymik Vidyalay, Gopala on12.07.2011 at 6:30 P.M. Guddan Patel, Sonu, Sanjay Patel andRajendra Prasad were present with Ashwani Kumar Patel GramPanchayat Adhikari. Where Gram Panchayat Adhikari AshwaniKumar Patel and Sahayk Khand Vikas Adhikari Molai Singh.These all persons were given the less amount of scholarship tothe students when the complainant/principal of the collegeoppose it then Gram Panchayat Adhikari Ashwani Kumar Patelthreatening to complainant. He also abused the complainant andcaught the collar shirt of complainant and tried to beat him. Learned counsel for the applicant submitted that thecomplainant himself beated the applicant, in this regard FIRwas lodged bearing case crime no. 1155 of 2011, under sections332/504 IPC. To save himself from that case, this false FIR waslodged by the complainant. There is a cross case between the parties regarding the sameoccurrence and above all the applicant is not the public servanthe is the private person. Considering the facts and circumstances of the case and perusalof the material on record, without expressing any opinion on themerits of the case, I think it a fit case for bail, hence, Criminal  Misc. Bail Application No. 50899 of 2017 (Guddan Patel Vs.State of U.P.) is allowed. Let the applicant   Guddan Patel sonof Rajendra Patel be released on bail in Special Case No. 02 of2012 (Yogendra Vs. Ashwani Patel and others), under sections8, 9 and 13 of the Prevention of Corruption Act and undersections 504 and 506 IPC, police station Ghughali, DistrictMaharajganj on his furnishing a personal bond of Rs. 50,000/-and two sureties each in the like amount to the satisfaction ofthe court concerned,   with the following conditions that :- 1. The applicant shall not tamper with the prosecution evidenceby intimidating/ pressurizing the witnesses, during theinvestigation or trial. 2. He will cooperate in the trial bonafidely without seekingadjournments. 3. He shall not indulge in any criminal activity or commissionof any crime after being released on bail. In case of breach of any of the above conditions, it shall be aground for cancellation of bail. Identity, status and residenceproof of the applicant and sureties be verified by the courtconcerned before the bonds are accepted. Order Date :- 24.1.2018Vikram
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