Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32859 of 2019 Applicant :- Lajjawati And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Vikram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Vikram Yadav, learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.
At the very outset learned counsel for the applicant submitted that name of the applicant no. 2 Munesh Singh may be deleted as his affidavit in support of the application has not been filed. The applicant nos. 1 and 3 may be treated in this application.
Learned counsel for the applicants submitted that the F.I.R. has been lodged by Tehsildar stating that the applicants in collusion with concerned officials got their names entered in the revenue record though the said property belong to Gram Sabha land. It has been argued that infact disputed property does not belong to Gram Sabha and the allegations are totally frivolous. In this behalf evidence is yet to be collected that the applicants had joined hands with the officials concerned in getting their names entered in the revenue record.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Lajjawati and Rama Shankar involved in Case Crime No. 532 of 2018, u/s 419, 420, 467, 468, 471, 120B IPC, P.S. Bhogaon, District Mainpuri shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicants shall make himself available for interrogation by a police officer as and when required;
(ii) 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
Order Date :- 26.8.2019 Dhirendra/