Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10114 of 2017 Applicant :- Ashwani Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukhtar Alam,G.S. Chaturvedi Counsel for Opposite Party :- G.A.,Prateek Kumar
Hon'ble Naheed Ara Moonis,J.
Supplementary affidavit along with photocopy of bank drafts filed by the learned counsel for the applicant today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State and also perused the material placed on record.
The present bail application has been filed on behalf of applicant- Ashwani Kumar Singh seeking bail in Case Crime No. 216 of 2016 under Sections 420/406 IPC, Police Station Kotwali City, District Bijnor, during the pendency of trial.
It is submitted by the learned counsel for the applicant that according to the prosecution case, an agreement was executed between the parties in respect of sale of a land in question on 17.12.2007 in consideration of Rs. 85,00,000/-. At the time of execution of the agreement to sell Rs. 40,00,000/- was given to the applicant and the rest amount of Rs. 45,00,000/- was to be given at the time of the execution of the sale deed. The property was mortgaged with PICUP and after getting no dues certificate, the applicant had to execute the sale deed in favour of the first informant. The first informant has paid Rs. 35,00,000/- through demand draft in the name of PICUP and the remaining amount of Rs. 10,00,000/- cash to the applicant. Despite getting no objection from PICUP, the applicant has not executed the sale deed and by committing fraud executed the sale deed in favour of some other persons namely, Arun, Dharampal Singh and Rakesh in consideration of Rs. 85,00,000/-. Submission of the learned counsel for the applicant is that the civil suit is pending between the parties in respect of the property in question being suit no. 842 of 2015, (Mukul Kumar Jain Vs. Ashwani Kumar Jain) in the court of Civil Judge, Sr. Division, Bijnor. The applicant is now ready to pay a sum of Rs. 40,00,000/- through demand drafts bearing nos. 258556, 258557, 258558, 362004, 362106, 647302, 197024, 197025 and 500357 dated 28.03.2017 and 29.03.2017 drawn in favour of the complainant, Mukul Kumar Jain. The applicant has no objection that the amount so deposited will be subject to final decision of the aforesaid suit. The applicant is absolutely innocent and is languishing in jail since 6.3.2017. There are remote chances of trial being concluded in near future due to heavy docket. In case the applicant is released on bail ,he will not misuse the liberty of bail.
Learned counsel for the complainant has submitted that he is ready to accept the demand drafts in protest which shall be subjected to final decision of the civil suit and mere acceptance of the drafts will not prejudice the right of the parties in any manner. It is further contended that the applicant is very influential person and there is every likelihood that he will leave the country which will cause delay in deciding both the civil and criminal proceeding pending between the parties.
Considering the entire facts and circumstances of the case and without expressing any opinion on the merits, let the applicant Ashwani Kumar Singh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall not leave the country without prior permission of the court concerned.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Siddhant