Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16034 of 2021 Applicant :- Prabhu Dayal Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Prabhu Dayal, who is involved in Case Crime No. 136 of 2021, under Sections 420, 466, 468, 471, 120-B I.P.C., P.S.- Kotwali, District- Mainpuri.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that as per FIR case in regard to land of six plots area 6.05 acres the name of applicant was recorded in the Khatauni by the lekhpal of the area concerned without any order of the competent authority. This forged entry was made in the revenue records in collusion with the applicant by the lekhpal of the area concerned. Learned counel for the applicant further submitted that in regard to the alleged entry in the revenue records the litigation between the applicant and State of U.P. is pending before different revenue and civil courts. The matter is also pending before the Board of Revenue, Lucknow and Civil Courts, copies of plaint of the proceedings are attached with the bail application. The appellate court has also granted interim order of status quo in regard to the alleged land. The matter is exclusively of civil nature. No offence as alleged against the applicant is made out. The applicant has been languishing in jail since 3.3.2021 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Prabhu Dayal, 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 with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) 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, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 6.4.2021 Prajapati