Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43137 of 2016 Applicant :- Bhagwan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Garun Pal Singh,Raj Kumar Vaishya,Vikas Sharma Counsel for Opposite Party :- G.A.,Sanjay Kumar,Tushar Kant
Hon'ble Aniruddha Singh,J.
Supplementary affidavit and supplementary counter affidavit filed today are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against two accused persons, namely, Bhagwan Singh and Rakesh Kumar; alleging that on 28.10.2015 they executed an agreement to sale in favour of Sundar Lal Sharma to sell the property in question for Rs. four lacs, wherein there was a condition that sale deed would be executed within one year, but on 28.1.2004 specific performance suit of contract was decreed in favour of Sundar Lal and on 28.10.2015 applicant sold the property in question in favour of Failan Singh and cheated complainant Sundar Lal.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The agreement to sale was executed for one year but Sundar Lal failed to get executed sale deed in his favour and specific performance suit was decreed ex-parte without knowledge of the applicant and he filed an appeal being Appeal no. 38 of 2015 which is pending. There is general allegation against the applicant. Specific performance suit was not in the knowledge of the applicant. Offences levelled against the applicant are not attracted in the present case. The case is of civil nature. He is languishing in jail since 7.9.2016 (more than one year and five months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Learned counsel for the complainant opposed the prayer for bail and submitted that specific performance suit was in the knowledge of the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Bhagwan Singh involved in Case Crime No. 144 of 2016, under Sections 420, 467, 468, 471 & 120-B IPC, Police Station Mahawan, District Mathura be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 he is accused, or suspected, of the commission of which he 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 so as to dissuade him 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 court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018 A. Singh