Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23185 of 2017 Applicant :- Dolat Singh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Girish Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Girish Kumar Mishra, learned counsel for the applicant, Sri Takeshwar Yadav learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.38 of 2017 under sections 420, 467, 468, 406, 504, 506 I.P.C., Police Station Kotwali, District Bareilly, during the pendency of trial.
The contention of the learned counsel for the applicant is that the accused has been falsely implicated. He has not taken any money from the first informant nor he has sold the land to him again as alleged in the FIR. The first informant is (Bhu Mafia) land grabber. There is no proof of payment of Rs.12,00,000/-
.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 03.03.2017. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Dolat Singh Yadav involved in 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.
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 :- 27.4.2018 AU