Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34458 of 2018 Applicant :- Ashish Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari,Amit Kumar Chauhan Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh
Hon'ble Siddharth,J.
Heard Sri S. K. Tiwari, learned counsel for the applicant, learned A.G.A. for the State and Sri Dinesh Kumar Singh, learned counsel for the informant.
The allegation in the first information report is that the applicant along with other co-accused has executed sale deed when earlier there exist another sale deed regarding the same land in favour of a third party.
Learned counsel for the informant has brought on record an agreement between the parties wherein applicant has admitted his liability of Rs.1,20,000/- and other co- accuseds have admitted liability of other amounts in favour of the informant. In the compromise it is mentioned that the applicant has paid Rs.24,000/- to the informant and he admits his remaining liability of Rs.96,000/- towards the informant.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, The applicant is directed to be released on bail for a period of three months initially. During this period he will deposit demand draft of Rs.96,000/- drawn in favour of the informant before the CJM concerned, which shall be released in favour of the informant.
If the order is complied with, the bail granted to the applicant shall continue till the conclusion of trial.
This payment of money is without prejudice to the right of the applicant to defend himself before the Trial Court.
In case of default in depositing the aforesaid amount within the time stipulated above, the bail granted to the applicant shall stand cancelled and he shall be taken into custody forthwith.
Let the applicant Ashish Vishwakarma involved in Case Crime No.526 of 2017, under Sections 419, 420, 467, 468, 471, 406 IPC, Police Station Kotwali, District- Azamgarh be released on bail for a period of three months 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.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are 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 so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 18.9.2018 SS