Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31787 of 2021 Applicant :- Pawan Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.,Pradip Narain Singh
Hon'ble Om Prakash-VII,J.
Heard Shri S.K. Singh, learned counsel for the applicant, Shri P.N. Singh, learned counsel for informant as well as the 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. No prima facie case is made out against the applicant. In fact applicant had purchased the land in question from one Jaipal. Referring to contents of F.I.R. it is further submitted that if the same are taken into consideration then also cheating / fraud was committed by Jaipal. Applicant is the bonafide purchaser of the land in question. Since applicant had purchased the land in question after paying the consideration amount, he executed the same in favour of the informant. Essential ingredients to attract the alleged offences are not attracted. Dispute pending between the parties is purely of civil nature. The applicant has no criminal history. He is languishing in jail since 23.5.2021 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 counsel for the informant as well as the learned AGA opposed the prayer for bail and submitted that though applicant had knowledge that disputed land was acquired by the Ghaziabad Development Authority yet he sold the same to the informant after receiving the consideration amount. Alleged offences are attracted in the matter against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC 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 Pawan Kumar involved in Case Crime No. 643 of 2020, under Sections 420, 467, 468, 471, 120-B, 504, 506 IPC, P.S. Masuri, District - Ghaziabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 safi