Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22850 of 2019 Applicant :- Indrajeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay,Abhishek Goswami Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, Sri Munne Lal, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Indrajeet, who is involved in Case Crime No. 1320 of 2009, related with Case No. 3064 of 2009, under Sections- 419, 420, 467, 468, 471, 472 I.P.C., Police Station- Kotwali Khalilabad, District-Sant Kabir Nagar, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he is only a witness of the registered sale deed executed by the vendor in favour of the vendee of which he is a bonafide witness for which a civil suit is pending; he is of no criminal antecedents and there is no likelihood of him tampering with evidence or fleeing of accused-applicant from course of justice, in case of release on bail, hence bail has been prayed for.
Learned private counsel has vehemently opposed the prayer for bail with this contention that the accused- applicant is resident of same village of informant and he was fully aware about the death of Khedu, who died on 5.9.2001, but after four days property of Khedu was got alienated and a will of Khedu was manipulated and prepared in connivance with him by other persons. Hence, prayer for bail, be rejected.
Having heard learned counsel for both sides and gone through the materials placed on record, it is apparent that it was Raghuvansh Prasad and Adalati Prasad Yadav, who identified Ramdutt @ Bhopat as Khedu and on the basis of that identification, above deed of will and deed of sale were got executed in which present accused-applicant is attesting witness and the same is subject of litigation, pending in the civil court, hence, under all above facts and circumstances, without commenting on merits of the case, a case for bail is made out.
Accordingly, this Bail Application is allowed.
Let the applicant, Indrajeet, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2019 bgs/