Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4094 of 2019 Applicant :- Smt. Kamla Devi And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Smt. Kamla Devi and Shri Ashok Kumar seeks bail in Case Crime No. 920 of 2014, under Sections 420, 447 IPC, P.S. Sirsaganj, District- Firozabad.
Learned counsel for the applicants has submitted that applicants are in possession of the property in dispute and cannot be dispossessed except in accordance with law. Learned counsel for the applicants has next submitted that the dispute is purely of civil nature and, therefore, criminal liability cannot be fastened upon them. Learned counsel for the applicants has next submitted that similarly placed co-accused Sachin Kumar has alrady been granted bail by this Court in Criminal Misc. Bail Application No. 2990 of 2019 vide order dated 22.1.2019. Lastly, it is submitted that applicants are in jail since 13.12.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. The applicants have criminal history to their credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail by this Court and the applicants are in jail since 13.12.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let applicants Smt. Kamla Devi and Shri Ashok Kumar be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 KU