Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8003 of 2018 Applicant :- Har Prasad @ Parsadi Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. It is further submitted that the first informant Tej Singh and other purchasers of the land in question have also filed a Civil Suit bearing Original Suit No. 218 of 2017 before learned Civil Judge (S.D.), Agra. It has also been submitted that the applicant is languishing in jail since 13.12.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Har Prasad @ Parsadi involved in Case Crime No. 207 of 2017, under Section 420, 467, 468, 471 I.P.C., Police Station Achhnera, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
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 Arti