Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23943 of 2019 Applicant :- Anil Kumar Chauhan Opposite Party :- State Of Up Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Samarth Sinha, Advocate holding brief of Sri Kapil Tyagi, learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 345 of 2019, under Sections 188, 288, 420 IPC and Section 3 of Prevention of Damage to Public Property Act, P.S. Bisrakh, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that even as per prosecution version, the only allegation against the applicant is that he has made construction without approved plan and without permission of Greater NOIDA Industrial Development Authority; that the alleged land was purchased by the applicant and was sold to A.K.J. Real Infra Private Limited, and the land, which is subject matter of this case, is empty plot; that on the same facts and circumstances, the complainant/authority has lodged five FIR which is against the provisions of law, as the contents of all the FIR are same; that the applicant has no knowledge about any order promulgated by Greater NOIDA Industrial Development Authority regarding land in question and the applicant is neither a builder nor he has made illegal construction; that no person has been cheated by the applicant and there is no statement of any person, who might have been cheated by the applicant and thus, no offence under Section 420 IPC is made out against the applicant; that offence under Sections 188 and 288 IPC are bailable offence; that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is languishing in jail since 06.04.2019, applicant has no previous criminal history except connected cases registered along with the present case.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Anil Kumar Chauhan involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 11.6.2019 A. Tripathi