Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52070 of 2019 Applicant :- Alam Husain @ Dhallar Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant who is involved in Case Crime No.2600 of 2011, under Sections 419, 420 I.P.C., Police Station Parasrampur, District Basti, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with ulterior motive. Main substratum of the argument of learned counsel for the applicant is that dispute in this case is with regard to Hibanama dated 30.08.2011 alleged to have been executed by the applicant impersonating himself as Ayodhya Prasad (brother of informant) in favour of daughter- in-law of Jagram, who is daughter of informant also. Main grievance of the informant is that his brother Ayodhya Prasad was a man of unsound mind and had left the house 25 years ago. Since he was issue-less, therefore, the land of his share was being look after by the informant, but adopting different modus- operandi, accused persons succeeded in getting the gift deed/ Hibanama dated 30.08.2011 registered in the name of Uttam Devi (daughter of the informant). It is also submitted that civil suit for cancellation of said gift deed/Hibanama has also been filed by the informant on 02.11.2011, which is still pending. In the present case, applicant has surrendered on 22.10.2019 and there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the application for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Alam Husain @ Dhallar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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 the 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 SKD