Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28114 of 2017 Applicant :- Liyakat Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Mehrotra,Rakesh Pati Tiwari,Sudhanshu Pandey Counsel for Opposite Party :- G.A.,W.A.Siddqui
Hon'ble Om Prakash-VII,J.
Certified copy of the complete order-sheet of the trial court filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that prosecution story is based on the execution of agreement to sell by the applicant. Possession of the disputed property has not been delivered. Neither the said agreement to sell was acted upon nor any sale-deed was executed. D.D. is said to have been prepared in lieu of consideration amount in the name of institution concerned. Referring to these facts, it is submitted that no prima-facie case is made out against the applicant for the alleged offences. It is also submitted that the applicant was Secretary of the Trust concerned and in that capacity he had executed the agreement to sell. Other allegation regarding demolition of building in question is false. Applicant has been enlarged on bail in similar nature of cases lodged on behalf of the Trust concerned. It is next contended that neither trial has commenced in the matter nor charge has been framed as yet. The applicant has no criminal history. He is languishing in jail since 19.11.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
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 the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Liyakat Khan involved in Case Crime No. 650 of 2015, under Sections 419, 420, 467, 468, 471, 427, 379 IPC, 7 Criminal Law Amendment Act and 4/10 Forest Protection Act, P.S. Jafarabad, District - Jaunpur be released on bail on furnishing a personal bond and two heavy sureties (not less than Rupees Six Lakhs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
3. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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.
4. The applicant shall not leave the country without permission of the Court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.5.2018/safi