Rejoinder affidavit and supplementary affidavit filed by learned counsel for the applicant are taken on record.
Heard Ms. Rashmi Pandey, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the matter is triable by magistrate. The F.I.R. has been lodged after a delay of seven months. Charge sheet in the matter has already been filed. It is alleged that the applicant has sold the land in question, however, no sale deed has been executed neither the alleged amount of Rs. 4,00,000/- has been paid to the applicant rather the cheque has returned due to insufficient funds. Gata No. 3574 is in possession of the complainant herself and as no money or property including the possession has taken place, therefore, no offence is made out against the applicant rather it is the complainant who has fraudulently executed a will deed in her favour. The will was prepared on 26.03.2014 and the applicant's uncle expired on 29.03.214 who was unable to speak. It is next submitted that the co-accused namely Gurudeen has been enlarged on bail by this Hon'ble Court. The bail order is on record. The applicant is languishing in jail since 07.01.2020.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Japan @ Fareed, involved in Case Crime/F.I.R. No. 165/2019, under Sections 419/420/467/468/471 IPC, Police Station - Kotwali Nagar, District - Barabanki, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 3.2.2021 R.C.