Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29891 of 2019 Applicant :- Mahendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghubir Singh,Rakesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Rohit Kumar Pandey, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Mahendra Singh in connection with Case Crime No.602 of 2018, under Sections 420, 467, 468, 471, 506 I.P.C., P.S. Bahjoi, District Sambhal.
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 applicant is the bonafide purchaser of the land, which was sold to him by one Lilawati and the said sale deed was duly executed. He further submitted that the sale deed has not yet been declared null and void by any competent of court of law. He further submitted that the complainant has filed objections against the applicant before the Tehsildar where the mutation proceedings are going on and the objections, filed by the complainant were rejected by the Tehsilder and the applicant got his name mutated in the revenue records. He further submitted that the first information report was lodged in pursuance of an application under Section 156(3) Cr.P.C. and the case was registered and investigated by the police. He further submitted that earlier also an application under Section 156 (3) Cr.P.C. was filed on the similar allegations, which was rejected by learned A.C.J.M. concerned vide order dated 29.10.2015 and the revision filed against that order was also rejected by the appellate court vide order dated 18.09.2018, copy whereof has been annexed on page no.81 of the bail application. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 30.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have vehemently opposed the bail plea but has not disputed the fact that the alleged sale deed is still in existence and that has not been declared null and void by any competent court of law till today.
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, 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 Mahendra 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./