Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42510 of 2019 Applicant :- Herendra Opposite Party :- State of U.P.
Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit on behalf of the State, filed in Court today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 489 of 2018, under Sections 420, 467, 468, 504, 506 IPC, Police Station Gunnaur, District Sambhal with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for applicant that applicant is innocent and has been falsely implicated in this case. The alleged sale-deed has been shown of the year 2008 but FIR was lodged on 06.08.2018 in pursuance of order passed under Section 156(3) Cr.P.C. It was submitted that applicant is not the beneficiary of alleged transaction and sale-deed and that photograph of applicant was misused in alleged sale-deed and that allegations made against the applicant, are false and concocted. It was further submitted that applicant is languishing in jail since 22.06.2019 and in case, applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the bail and argued that there are serious allegations against the applicant. It was submitted that applicant has impersonated one Heridesh and executed the alleged forged sale-deed regarding land belonging to complainant.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Herendra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 17.12.2019 A. Tripathi