Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3971 of 2018 Applicant :- Pawan And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Imran Ibrahim,Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Counter and second rejoinder affidavit filed today which are taken on record.
Heard Sri Praveen Kumar Singh, learned counsel for the applicants, Sri Raj Bahadur, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that the disputed sale deed was executed by one Dwajendra Kumar Mahle in favour of Smt. Bala (wife of first informant) through a duly registered sale deed and the sale consideration was remitted by means of a cheque into the account of Dwajendra Kumar Mahle and the present applicants have no concern. It is further submitted that co-accused namely Pramod has already been granted in Criminal Misc. Bail Application No. 42062 of 2017 by another Bench of this Court on 03.01.2018. They are languishing in jail since 09.01.2018 and in case they are released on bail, they 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 applicants have made out a case for bail. The bail application is allowed.
Let the applicants Pawan, Anil and Mintu, involved in Case Crime No. 173 of 2017, under Sections 420, 467, 468, 471, 504, 506 and 419 I.P.C., P.S. Dankaur, District Gautam Budh 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants.
(Krishna Pratap Singh,J.) Order Date :- 22.2.2018 A.K.Verma