Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56282 of 2019 Applicant :- Pradeep Rana Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Mr. Ram Narayan Dwivedi, leaned Advocate has filed his power today on behalf of the informant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant and learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 461 of 2019, under Sections 420, 406, 427 and 506 IPC, police station Vijay Nagar, district Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the main dispute in this case is with regard to registered power of attorney dated 5.10.2017, which was executed by one Budh Pal in favour of Gaurav Rana. Thereafter, pursuant to said power of attorney, Gaurav Rana further executed a sale deed dated 21.2.2019 in favour of Smt. Rohini Mishra W/o Sachin Mishra (informant). It is also submitted that as per the sale deed dated 21.2.2019 sale consideration amount was 6,50,000/-(rupees six lac fifty thousand only), though the Cheque No. 540805 dated 21.2.2019 amounting to Rs. 3,00,000/-(rupees three lac only) and Cheque No. 540806 dated 5.4.2019 amounting to Rs. 3,00,000/-(rupees three lac only) are mentioned in the sale deed, but learned counsel for the applicant submits that the said cheques were not cleared, and thereafter payment of the aforesaid amount of Rs. 6,50,000/-(rupees six lac fifty thousand only) was made by the vendee through another cheques. In this regard, it is pointed out that out of aforesaid amount, an amount of Rs. 3,50,000/-(rupees three lac fifty thousand only) has been transferred in the account of present applicant on 22.2.2019. It is further submitted that till date neither any suit for cancellation of sale deed dated 21.2.2019 has been filed nor the power of attorney dated 5.10.2017 has been challenged and Budh Pal has lodged the first information report with regard to said power of attorney dated 5.10.2017. It is again submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 18.9.2019. Further submission is that the applicant has a criminal history of fifteen cases, which has been explained by the applicant in paragraph No. 22 of the bail application. Learned counsel for the applicant submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Learned counsel for the applicant states that out of the total amount of Rs, 3,50,000/-,(three lac fifty thousand only) the applicant is ready to deposit Rs. 1,50,000/-(rupees one lac fifty thousand only) under protest before his release and remaining amount of Rs. 2,00,000/-(rupees two lac only) shall be paid by the applicant within three months after his release on bail.
Per contra, learned Additional Government Advocate and learned counsel for the first informant submits that they have no objection if the court release the applicant on bail on the aforesaid condition.
Considering the submissions made by learned counsel for the applicant as well as learned Additional Government Advocate and the fact that the applicant is ready to deposit the aforesaid amount before the trial court under protest, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Pradeep Rana, be released on bail in the aforesaid case crime number 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. Out of the total amount of Rs. 3,50,000/-,(rupees three lac fifty thousand only) the applicant shall deposit an amount of Rs. 1,50,000/- (rupees one lac fifty thousand only) by way of demand draft in the name of trial court before his release on bail.
2. The remaining amount of Rs. 2,00,000/- (rupees two lac only) shall be deposited by the applicant within three months from the date of his release before the trial court.
3. The aforesaid amount so deposited by the applicant shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the culmination of the trial. The deposit so made, shall be subject to final decision of the trial.
4. The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
5. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
6. The applicant will not indulge in any unlawful activities.
7. The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 18.12.2019 Sumaira