Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14716 of 2021 Applicant :- Babbun Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Manoj Kumar, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. Present bail application has been filed by applicant-Babbun seeking his enlargement on bail in Case Crime No.48 of 2020, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station- Pipraich District-Gorakhpur, during pendency of trial.
4. Perusal of record shows that in respect of an incident which is alleged to have occurred on 09.04.2019, a delayed F.I.R. dated 01.02.2020 was lodged by first informant, Lakshman Prasad, and was registered as Case Crime No.48 of 2020, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station-Pipraich District-Gorakhpur. In the aforesaid F.I.R., three persons namely Babbun (applicant herein) Digvijay Nath and Jogendar have been nominated as named accused.
5. According to the prosecution story as unfolded in the F.I.R.,fraud and forgery is alleged to have been committed by named accused regarding sale deed executed on 09.04.2019 in favour of wife of informant inasmuch as State land has been sold.
6. Learned counsel for applicant submits that applicant is innocent. H has been falsely implicated in above mentioned case crime number. Applicant in custody since 24.01.2021. As such, he has undergone moe than two months of incarceration. Applicant is man of clean antecedents and has no criminal history. Applicant is vendor of registered sale deed and he has duly executed the same. It is lastly contended that a purely civil dispute has been dragged into criminal litigation. Allegations made in the F.I.R. are vague. It is also contended that there is no possibility of the applicant fleeing away from judicial process or tampering with witnesses and, in case, applicant is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise it is thus urged that applicant is liable to be be enlarged on bail.
7. Per contra, the learned AGA opposed the prayer for bail.
8. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, the nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
9. Accordingly bail application is allowed.
10. Let applicant-Babbun 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-A I.P.C.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
11. However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on him bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 7.4.2021 YK