Sumit Tyagi vs State of U.P.

Hon''ble Shashi Kant Gupta, J.—Learned counsel for the applicant is permitted to make necessary correction in the bail application. Heard Sri Raj Kumar Kesari, Learned Counsel for the applicant, Sri R.P. Singh, Learned Counsel for the complainant, learned A.G.A. and perused the record.

It is submitted by Learned Counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submitted that the allegation against the applicant is that some agreement was entered into between the parties, whereby the applicant was liable to pay certain amount to the complainant but the applicant neither followed the terms and conditions of the said agreement nor paid any money to the complainant. He further submitted that the applicant is carrying on a Real Estate business and has not taken any money from the complainant. He further submitted that the applicant has not committed any offence as alleged by the prosecution and the present prosecution has been launched against him by cooking up absolutely a false and fictitious story and there is no credible evidence to show the complicity of the applicant in the commission of the alleged offence. He further submitted that the applicant has got no criminal history to his credit and there is no chance of her fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 20.10.2011.

In the last Learned Counsel for the applicant, however, submits that the applicant under takes to pay a sum of Rs. 1,00,000/- (Rs. One Lac only). He further submits that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

The bail application has been vehemently opposed by Sri R.P. Singh, Learned Counsel for the complainant.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the Learned Counsel for the parties, as well as the undertaking given by the applicant, I am of the view that the applicant should be granted bail.

Let the applicant Sumit Tyagi involved in Case Crime No. 1066 of 2011, under Sections 406, 420 and 411 I.P.C., P.S. Kavi Nagar, District Ghaziabad 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 and further subject to production of bank draft of Rs. 1,00,000/- (to be prepared in favour of the complainant) in the Court of the Magistrate concerned. If the aforesaid condition is fullfilled by the applicant, the Magistrate concerned shall, immediately thereafter, hand over the said draft to the informant/complainant, Sri Raj Pal Singh Mallik, S/o Late Sri Karan Singh, R/o House No. 101, Sector-6, Rajnagar, Police Station Kavi Nagar, District Ghaziabad on furnishing appropriate security by the complainant/informant to the satisfaction of the Court concerned.

It is made clear that the deposit of the aforesaid money by the applicant will not, in any way, prejudice the right/defence of the applicant in the trial of the case. In case the applicant is acquitted in the present criminal case by the court of law, he shall be entitled to claim refund of the aforementioned amount, deposited by him provided there is no legal impediment.