Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29900 of 2019 Applicant :- Lakhan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Arpit Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Lakhan Singh in connection with Case Crime No.561 of 2018, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Bareilly.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the the applicant is aged about 72 years and is suffering from various age related ailments. He further submitted that there is allegation in the first information report that the applicant has mortgaged one property to two banks. He submitted that the applicant is only a guarantor and the loan was taken by Haripal Singh, nephew of the applicant. He further submitted that the loan of the State Bank of India was repaid on 22.05.2017. He further submitted that the applicant had furnished the relevant papers to the bank and the bank has properly verified the documents and then only accepted the guarantee. He further submitted that the applicant has not committed any offence and has not concealed any thing from the bank. He submitted that the applicant is languishing in jail since 12.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. 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 the 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 applicant Lakhan Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 25.7.2019 R./