Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24212 of 2018 Applicant :- Narvir Opposite Party :- State Of U.P.
Counsel for Applicant :- Tapan Kumar Mishra,Pashali Slolanki,Yogendra Misra Counsel for Opposite Party :- G.A.,Yogendra Misra
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument is that the money was paid to the co- accused, Smt. Rekha, who is mother of the applicant. Further argument is that it is admitted in the first information report that the land belongs to Rekha and it is not believable that Smt. Rekha will execute fraudulent sale deed of the land in the name of Smt. Baby. The applicant has criminal history of one case and he is not the beneficiary of a transaction since the money is paid in cash to Smt. Rekha and also in her bank account as clear from Annexure-4 to the affidavit in support of the bail application. The applicant is in jail since 16.04.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Narvir, be released on bail in Case Crime No. 532 of 2016, under Sections 420, 467, 468, 471 I.P.C, P.S. Dhaulana, District-Hapur on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2018 Rohit