Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42463 of 2018 Applicant :- Jai Ram Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Akash Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No.538 of 2018, under Section 420 I.P.C. 1860, 26A Uttar Pradesh Urban Planning and Development Act, 1973, 55/70(3) Northern India Canal Act, 1973 and 3 Prevention of Damage to Public Property Act, 1984, Police Station Surajpur, District Gautambuddha Nagar.
It has been claimed succinctly on behalf of the applicant that in this case, no complaint with any specific averment has been filed by any of the customer who was involved in the transaction of the sale and purchase. No offence has been committed by the applicant. The applicant never intended to sell any such land which was likely to come under the flood affected area as declared by the government. The applicant has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 15.09.2018.
Per contra, learned A.G.A. has submitted that in this case, the investigation's record is replete with the details that the applicant sold out the land in question earmarked for flood affected area and a number of plots have been sold out to innocent persons. There is no point that innocent persons who were unaware of the technicalities regarding prohibited areas would ever lodge the complaint against the applicant.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail. The bail application is rejected at this stage.
It is made clear that observation made in this order shall not be construed to have any reflection on merits of the case.
Order Date :- 21.1.2019 rkg