1. Supplementary affidavit, filed today, is taken on record.
2. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.187 of 2024, under Sections 420, 406, 506 I.P.C., P.S.Kavi Nagar, District Nagar (Commissionerate Ghaziabad), during pendency of the trial.
4. Allegation against the applicant is that the applicant who is a neighbour of the informant, took informant into confidence and advised him to invest money in Farex Trading company. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. The applicant has not forced the informant to invest money. The informant willfully invested money in trading company. The applicant has no concern with the alleged incident. It is next submitted that on similar type of facts, 19 cases have been registered against the applicant and in most of the cases, he has been granted bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 20.02.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
5. On the other hand, learned AGA and counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant, Lokesh Kumar 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.