Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5600 of 2019 Applicant :- Ajay Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Ratan Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Ravindra Prakash Singh, Advocate holding brief of Shri S.R. Bhushan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
As per FIR a sale deed was executed in respect of property of the brother on the basis of fake I.D.
Learned counsel for the applicant has submitted that applicant is only a marginal witness of the said sale deed, he has been falsely implicated, there is no evidence against him nor he himself has executed the said sale deed. It is further contended that applicant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 22.09.2018 and he undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer, he has however, submitted that after investigation the charge- sheet has been filed.
Upon hearing the submissions made by learned counsel of both sides, considering the facts that accused-applicant is only marginal witness of the said sale deed and a charge- sheet has already been filed and there is no question of investigation being influenced by the witnesses and without commenting on the merits of the case, I find it a case of bail.
Let applicant Ajay be released on bail in Case Crime No. 275 of 2018, under Sections 420, 467, 468, 471, 120B I.P.C., P.S. Lodha, District Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.7.2019 Bhanu