Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51757 of 2019 Applicant :- Amit Kumar Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Shiva Nand Pandey,Alok Kumar Rai Counsel for Opposite Party :- G.A
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today on behalf of the applicants is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 98 of 2019, under Sections 419, 420, 467, 468 and 471 IPC, police station Mohammadabad, district Ghazipur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per prosecution case, in brief, first informant, Nirmala Devi has made an allegation that her husband, Girja Rai died on 2.11.2008, and thereafter, property of his share came in the name of first informant being his wife, but co-accused Vijay Shankar Rai in collusion with other accused persons succeeded in getting a forged will deed executed on 2.11.2018 of her deceased husband in favour of co-accused, Amit Kumar Rai (applicant) and Umesh Kumar Rai (brother of the applicant). It is further submitted that on account of aforesaid dispute, informant has also filed Original Suit No. 295 of 2019 (Nirmala Devi vs. Umesh Kumar Rai and others) before the Civil Judge (Junior Division), Mohammadabad, Ghazipur, in which parties concerned have entered into a settlement/compromise and pursuant thereto the aforesaid case has been decided vide order dated 14.9.2019 by Civil Judge (Junior Division), Mohammadabad, Ghazipur in terms of compromise. It is also submitted that the applicant is an student of MBA-IInd year in B.N. College, Lucknow and his examination is scheduled to be held from 10.12.2019. It is again submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 7.9.2019. 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 A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of 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, Amit Kumar Rai 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 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 :- 29.11.2019 Sumaira