Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29967 of 2019 Applicant :- Khalid Rizawan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This is a bail application on behalf of the applicants in connection with Case Crime No.91 of 2019, under Sections 406, 420, 468, 471, 504, 506, 323, 379 IPC, P.S. Civil Lines, District Aligarh.
The contention of the learned counsel for the applicants is that the age of the applicant no.1 is 68 years and applicant no.2 is 75 years and both are suffering from age related ailments. He further submitted that the applicants are innocent and they have been falsely implicated in this case. He further submitted that the agreement was executed between the applicants and Asif Sherwani in the year 2013 and the complainant was the witness of that agreement, in which the present applicants had taken Rs. 3 lacs and executed the agreement to sell, copy where of has been annexed on page 39 onwards. He further submitted that there was several litigation regarding the said land between the applicants and State Governments. He further submitted that the certain amounts were taken by the applicants from Asif Sherwani and contract of sale could not be executed due to some legal problems. He further submitted that according to the FIR, one lac was given back to the Salim Sherwani and rest amount was not paid as per agreement, which is signed between applicants and one Asif Sherwani. Lastly, he submitted that the applicants have no previous criminal history and they are languishing in jail since 11.6.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Khalid Rizawan and Viqar-ul-Islam be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.7.2019 Mini