Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22732 of 2019 Applicant :- Brahmpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravitendra Pratap Singh Chandel,A.C.Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Sri J.B. Singh, Advocate, filed vakalatnama on behalf of informant, taken on record.
By means of this application the applicant Brahmpal has prayed to release him on bail in Complaint Case No. 2421 of 2013, u/s 420, 467, 468, 471, 120B I.P.C., P.S. Loni, District Ghaziabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is witness of registered agreement to sale, executed in between complainant and opposite party Sanjay Pal. A suit for cancellation of registered agreement to sale filed by complainant as well as a suit for specific performance of agreement filed by Sanjay Pal, is pending before competent civil Court and yet not decided. Present accused applicant is neither beneficiary nor of any concern except being an attesting witness of above deed, which he is accepting and reiterating. He is of no criminal antecedent except a case, in which he was summoned under Section 319 Cr.P.C. for offence of murder of complainant but the same has been stayed by writ jurisdiction of this Court. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned counsel for the informant has vehemently opposed the bail application with this contention that co-witness of registered agreement to sale has categorically said that no such agreement was ever took place and it was present accused applicant and Sanjay Pal who got this manipulation and forgery committed and they are accused of murder of complainant in another criminal case. Hence, bail be rejected.
Learned AGA has also vehemently opposed the bail application.
Having heard learned counsels for both sides and gone through material placed on record, it is apparent that accused applicant is witness of an agreement to sale for which civil suit is pending and he is reiterating his stand that he is witness of above deed. Criminal case under Section 302 of I.P.C., in which he was summoned under Section 319 of Cr.P.C. has been stayed in a proceeding of Application under Section 482 No. 19259 of 2019 (Brahmpal Vs. State of U.P. and another) by this Court. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Brahmpal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2019 Kamarjahan