Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32172 of 2018 Applicant :- Harish Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Thakur Prasad Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Harish Pratap Singh with a prayer to release him on bail in Case Crime No. 72 of 2018, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Barhan, District- Agra during pendency of trial.
The allegation against the applicant is that he has sold the property wherein the informant was co-sharer. Argument is that father of the applicant and the informant, who are real brothers, has executed Will in favour of the applicant and the informant, wherein their father has given equal rights over his entire property. Further argument is that after death of the father, parties entered into the family settlement, and property situated in Agra City was given by the informant and the property situated in village was taken by the applicant. The applicant has rightly sold the property. It is well settled law that the family partition is not necessarily required to be registered and reduced in writing, it can be proved by leading evidence. The allegation against the applicant in the first information report is that the applicant has sold the entire property, wherein the informant had half share. Dispute between the parties is of civil nature required to be adjudicated by competent civil court on the basis of evidence. The applicant is aged about 73 years. He does not have any criminal history to his credit. The applicant is languishing in jail since 04.7.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Harish Pratap Singh involved in the 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 :- 24.8.2018 Ruchi Agrahari