Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25394 of 2017 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Mazhar Ullah,Amrit Raj Chaurasiya,R.K. Singh Counsel for Opposite Party :- G.A.,Sudhir Kumar Singh
Hon'ble Chandra Dhari Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
According to the prosecution story, the complainant namely Ram Chandra has moved an application under Section 156(3) Cr.P.C. before the C.J.M., Mau. On the application the C.J.M., Mau has directed to concerned police station to lodge an F.I.R. against the applicant. It is alleged in the F.I.R. that the applicant has made a forged will deed and death certificate and on the basis of these documents the applicant has transferred the land Khata no.364 in his favour.
Learned counsel for the applicant submitted that the applicant is innocent person and charges levelled in the complaint are false and fabricated. He has not committed any offence as lodged in the F.I.R.. This is the family dispute as the applicant is real cousin of the complainant. He has no previous criminal history.
Lastly he submitted that the applicant is in custody since 06.1.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A. vehemently opposed the prayer for bail and submitted that there is documentary evidence against the applicant, therefore, the application has no merit and deserves to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Jitendra involved in Case Crime No.0017 of 2017, under Sections 419, 420, 467, 468 and 471 IPC, P.S. Haldharpur, District Mau be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit any offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. 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.
In case of default of any of the conditions enumerated above, the court below would be at liberty to cancel the bail without any reference to this Court.
Order Date :- 27.4.2018 Asha