Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40260 of 2019 Applicant :- Chetan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sangam Lal Kesharwani,A.P.Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Pandey Bal Kishan, learned counsel has filed his Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 492 of 2015, under Sections 420, 467, 468, 471, 406, 120B IPC, P.S. Sikandra, District Agra.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that the alleged sale deed in which the role has been assigned to the present applicant is still valid and that has not been declared valid by any competent Court of law. He further submitted that the co-accused Vijay Pal Singh in whose favour the sale deed was executed, Nitesh Jha Advocate who has drafted the sale deed and Mukesh have been granted bail by the learned court below. The bail of the present applicant was rejected by the learned lower Court on the basis of his criminal history. The criminal history of the applicant has been properly explained in para 20 of the bail application and other cases in which the Gangster Act has been imposed after the arrest of the applicant and it has not in knowledge. Lastly, he submitted that the applicant is languishing in jail since 7.6.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA as well as learned counsel for the complainant has opposed the bail plea and submitted that the applicant is having criminal history and he has been declared as Bhumafia and Gangster Act has already been imposed by him.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Chetan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019 Mini