Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16281 of 2021 Applicant :- Jameel Ahmed Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Jameel Ahmed, who is involved in Case Crime No. 0280 of 2020, under Sections 420, 406, 323, 506 I.P.C. P.S.-
Sahibabad, District- Ghaziabad.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that as per FIR case an agreement to sale in regard to flat in question was executed in favour of informant by power of attorney holder Satyaveer on behalf of owner of the flat Zameel Ahmad and this agreement to sell was a registered agreement to sale, which was executed on 10.10.2012. As per conditions of agreement to sale which is at page no.34 of the paper book, the sale-deed was to be executed by 09.10.2013. After lapse of the time for execution of sale-deed on behalf of informant neither any notice was issued nor any suit was instituted for the specific performance of the alleged agreement to sale. Even the informant has not filed any suit for recovery of the amount which he paid in advance at the time of execution of the agreement to sale. The matter is exclusively of civil nature and contractual. The applicant is having no criminal history and has been languishing in jail since 22.01.2021.
Learned A.G.A. vehemently opposed the prayer for bail and contended that no civil suit has been filed by the informant for recovery of the amount which had been paid at the time of execution of agreement of sale even after the lapse of period of more than seven years from the date of execution of agreement to sale.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Jameel Ahmed, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 7.4.2021 Prajapati