Hon'ble Ashok Srivastava, J. - (1.) THIS bail application has been moved on behalf of the applicant Hemraj Badhana, who is involved in Case Crime No. 1490 of 2010 under Sections 420, 406 IPC, P.S. Indrapuram, District Ghaziabad. I have heard learned counsel for the parties and perused the records.
(2.) IT has been submitted from the side of the applicant that the applicant is in jail since 15.7.2011, that both the offences are triable by the Court of a Magistrate, that he has been falsely implicated in this case due to misunderstanding and also because the complainant of this case wanted to extort the money from him which he has already paid to the farmer from whom he had taken land to make the residential colony. It has further been submitted that basically it is a case of civil nature. Just to exert undue pressure upon the applicant a false F.I.R. has been lodged against him. The bail application has been vehemently opposed by the learned AGA arguing on behalf of the State. He states that during the course of arguments learned counsel for the applicant stated at Bar that the applicant had accepted a sum of Rs. 2.00 lacs from the complainant and that he had paid the sum to a particular farmer for which, as admitted by the learned counsel for the applicant, no proof has been filed. Learned AGA further states that if the applicant furnishes a bank guarantee of Rs. 2.00 lacs before the Court of the learned Magistrate, a lenient view may be taken in favour of the applicant, subject to the condition that if it is found that the money taken by the applicant from the complainant has not been given to the farmer concerned, the applicant shall return that money to the complainant with interest.
(3.) ANSWERING the above arguments, learned counsel for the applicant Mr. A.N. Mishra states that the applicant is ready to furnish the bank security for a sum of Rs. 2.00 lacs before the Court of the learned Magistrate. In the instant case the applicant is in jail since 15.7.2011. Offences are triable by the Court of a Magistrate. No criminal history has been alleged from the side of the State against the applicant. The applicant is ready to furnish a bank security for a sum of Rs. 2.00 lacs before the Court of the learned Magistrate. In these circumstances, I am of the view that the applicant should be released on bail on the following conditions: 1. He shall furnish a personal bond for Rs. 1.00 lac to the satisfaction of the Magistrate concerned. 2. He shall furnish two reliable sureties each for Rs. 1.00 to the satisfaction of the Magistrate concerned. 3. He shall furnish a bank security for a sum of Rs. 2.00 lacs in the Court of learned Magistrate which shall be disposed of in accordance with law after conclusion of the trial before the learned Magistrate. The learned Magistrate is directed to direct the bank concerned not to release the said amount of Rs. 2.00 lacs to anyone unless his Court or a revisional or appellate Court or any other Court of competent jurisdiction orders for release of the same or otherwise in favour of any person.;