Court No. - 30
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36034 of 2019 Applicant :- Jairam Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Irshad Husain,Manish Tiwary(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Manish Tiwary, learned senior advocate assisted by Sri Irshad Husain, learned counsel for the applicant and Sri Om Narain Tripathi, learned AGA assisted by Sri Sanjay Kumar Rajbher, learned AGA for the State and perused the record of this bail application.
This is the second criminal miscellaneous bail application of the applicant. The first bail application was rejected by this Court on 21.1.2019. The applicant- Jairam Sharma- seeks bail in Case Crime No.538 of 2018, under Sections 420 IPC, Section 26A Uttar Pradesh Urban Planning and Development Act, 1973, Section 55/70 (3) Northern India Canal Act, 1973 and Section 3 of Prevention of Damage to Public Property Act, 1984, Police Station Surajpur, District Gautam Budh Nagar.
Learned counsel for the applicant has submitted that the applicant is innocent and is in jail since 15.09.2018. The applicant sold the property in the year 2017 and there was no restriction as such for selling this land only the construction was prohibited. In this case, the Government Order has been brought on record as Annexure No.5 to the affidavit filed in support of this bail application, which speaks about prohibition of construction. There is no construction of the land in question as such. The prohibition of construction was made by the District Magistrate in the year 2019. No independent person has made any complaint on his behalf against the applicant. Under similar circumstance the applicant who was involved in some another case has already been admitted to bail by a co-ordinate Bench of this Court on 19.08.2019 in Criminal Miscellaneous Bail Application No.31777 of 2019, copy whereof has been annexed as Annexure No.10 to the affidavit filed in support of this bail application.
Per contra, learned A.G.A. has submitted that the FIR itself is speaking about the crime committed by the applicant and he sold out the plots/land for construction to the innocent people where construction was to be made/being raised. The very merit of the crime has already been considered in the first bail application. Any activity for selling land/plots for construction in flood affected area is absolutely prohibited and any violation of the same would be a serious offence.
After hearing the submissions raised by learned counsel for the applicant and the reply by the learned AGA and upon perusal of the various documents annexed with the present bail application and also looking to the allegations made in the FIR, and considering the gravity of the offence, no good ground is made out for bail.
Accordingly, this bail application is rejected at this stage.
The observation so made in the body of this order shall not prejudice proceeding of the trial court while deciding the case on merit.
Order Date :- 18.12.2019/Raj