Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26839 of 2017 Applicant :- Madan Mohan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumat Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Sumat Singh Yadav, learned counsel for the applicant, Sri Raj Bahadur, 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 due to village party bandi with the ulterior motive. It is further submitted that the first information report was lodged against six persons but the police has submitted the charge-sheet only three persons namely Madan Mohan, Sipahi Lal and Shiv Kumar, hence the whole story of prosecution appears to be doubtful one. It is also submitted that that according to the prosecution sale consideration was paid to the co-accused persons namely Vijay Singh @ Guddan and Shiv Singh. No amount was paid to the present applicant. It was also submitted that mere suppression of some facts at the time of execution sale deed does not amount to cheating or any other offence. It was next submitted that the facts that the applicant knew from very beginning that representation which was made by him to the complainant was false one and it was on the basis of that representation that somebody obtained certain amount of money, such dispute could be said to be of the civil nature. It was also submitted that there was no wrongful gain of any money or property to the applicant. Therefore, no offence was committed by him. It was further submitted that the main accused of the case are co-accused Vijay Singh @ Guddan and Shiv Singh, who have obtained money from the informant. Lastly it was submitted that the applicant has not committed any offence, thus the applicant is entitled to be released on bail. The applicant has no previous criminal history. He is languishing in jail since 23.03.2017 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 Madan Mohan, involved in Case Crime No. 710 of 2016, under Sections 419, 420, 467, 468, 471, 506 I.P.C., P.S. Bilhaur, District Kanpur Nagar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions.
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail granted to the applicant.
(Krishna Pratap Singh,J.) Order Date :- 23.2.2018 A.K.Verma