Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48734 of 2018 Applicant :- Jay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Narayan Verma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that though not admitting claim of the prosecution, if there is any excess land sold than the title and ownership of the applicant then the applicant is ready to move a proper rectification for correcting the sale deed and he will confine it to the extent of his share over the property in question provided he is given two months' time releasing on bail. 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 11.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Jay Kumar involved in Case Crime No.638 of 2017, under Sections 403, 418, 420, 467, 468 I.P.C., Police Station Manduadeeh, District Varanasi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition that the applicant shall file affidavit of compliance before the Chief Judicial Magistrate, Varanasi stating therein that he has got the sale deed rectified.
In case of non-compliance of the undertaking given by the applicant, Chief Judicial Magistrate, Varanasi shall cancel the bail after expiry of the period of two months from the date of the release of the applicant.
Order Date :- 28.2.2019 rkg