SAURABH SHYAM SHAMSHERY,J. - (1.) Heard Sri Haseen Ahmad, learned counsel for the applicant, Sri S.K. Shukla, learned counsel for opposite party no.2, Sri A.K. Mishra, learned AGA for the State and perused the material placed on record.
(2.) This is an application seeking cancellation of bail granted to opposite party no.2, namely, Subhash Chaubey by this Court vide order dated 18.01.2012 passed in Criminal Misc. Bail Applications No. 4666 of 2011 arising out of Case Crime No. 1255 of 2010, under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Phulpur, District Azamgarh.
(3.) Learned counsel for the applicant submits that the opposite party no.2 was granted bail on certain conditions in the aforesaid case, for ready reference the said bail order is reproduced hereinafter:- "This bail application has been moved on behalf of the applicant Subhash Cahubey, who is involved in Case Crime No.1255/10, under Sections 419, 420,467, 468, 471, 504,506 IPC, PS Phulpur, District Azamgarh. Heard Sri Satish Trivedi, learned Senior Advocate, assisted by Sri Ayank Misra, Advocate,learned counsel for the applicant as well as S/Sri Rajarshi Gupta and Mukeem Ahmad, learned counsel for the complainant and learned AGA and perused the record. Learned counsel for the applicant has contended that the applicant was a property dealer and on promise given by the applicant for 50 percent share in the profits of the business, the complainant joined him as his associate and consequently paid Rs.1 crores 24 lakhs to the applicant in lieu of the said business. Subsequently the complainant became suspicious on the working of the applicant as he found that the applicant had fraudulently cheated others in a similar manner. Hence the complainant demanded his money back for which the applicant issuied cheques in favour of the complainant but due to meager amount in his account, the complainant's money could not be returned to him.Thereafter the complainant contacted the applicant on several occasions, but all in vain. The FIR was thereafter lodged against him under the aforesaid Sections by the complainant. It appears that the parties have amicably settled the dispute outside court, during the pendency of this bail application and a supplementary affidavit has been jointly filed on behalf of the applicant's father as well as Sri Imran Ahmad, the complainant in this regard setting forth certain terms and conditions which both the parties have accepted. It has been stated therein that they are willing to compromise the dispute. It has been mentioned in the said affidavit that the complainant has alleged in the FIR that the dispute arose over the recovery of the amount of Rs.1 crore 24 lakhs from the applicant. It is further stated in the said affidavit that now the applicant's father and even the applicant is ready to pay the said amount in two parts at an interval of 5 months from today. The said condition has been accepted by the complainant and he has stated that he is willing to resolve the dispute without any other condition. It is also mentioned in the said affidavit that a sum of Rs.22 lakhs has been paid to the complainant by the applicant's father. Learned counsel for the complainant has also admitted that a further sum of Rs.2 lakhs was also paid to the complainant. It is also mentioned in the said affidavit that the complainant has accepted the said condition and is not having any dispute left against the applicant. It is also mentioned that the applicant may be granted bail by this court as the dispute has been resolved. Considering the entire facts and circumstances of the case, the averments made in the said affidavit filed on behalf of the applicant as well as the complainant, without expressing any opinion on the merits of the case, the applicant may be enlarged on bail on the undertaking given by the learned counsel for the applicant to pay the balance amount in two parts at an interval of 5 months from the date of release of the applicant. Let the applicant Subhash Chaubey involved in Case Crime No.1255/10, under Sections 419,420,467,468,471,504,506 IPC,PS Phulpur, District Azamgarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned." ;