Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22899 of 2019 Applicant :- Parasnath Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Short counter affidavit as well as vakalatnama filed by Sri Haider Ali on behalf of the first informant, is taken on record.
Heard learned counsel for applicant, Sri Haider Ali, learned counsel for the first informant, the learned AGA for the State and perused the record.
Applicant- Parasnath Rajbhar seeks bail in Case Crime No. 230 of 2017, under Sections 406, 419, 420, 504, 506 IPC, P.S. Cholapur, District- Varanasi.
Learned counsel for the applicant has submitted that the first informant has entered into an agreement for sale of plot of land, for which Rs. 6 lacs was paid to the applicant, however on account of unavoidable circumstance the agreement for sale of land could not be executed and as such, the first information report was lodged by Sanjay Kumar. However, during pendency of the bail application, the applicant has returned back amount of Rs. 6 lacs to first informant. Lastly, it is submitted that applicant is in jail since 13.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned counsel for the first informant has admitted the fact that entire amount of Rs. 6 lacs has already been returned to the first informant and now no dispute remains between them.
Learned AGA could not dispute the said facts.
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 merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Parasnath Rajbhar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.5.2019 KU