Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38768 of 2018 Applicant :- Rahul Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram M. Kaushik,Priyanka Midha Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Prosecution version is that the applicant in company with his brother has swindled Rs.1,75,00000/- from the- informant-Sachin Malhrotra for transfer of land in his favour and execucted an unregistered agreement to sell on notary affidavit of Rs.100/-.
While claiming false implication, stress has been made that a concocted story has been fabricated by way of claiming existence of an unregistered agreement to sell on notary affidavit of Rs.100/-. Core contention is that the huge amount of money was given cash, which is under circumstances unimaginable. No money was ever handed over to the applicant, Neither cash nor by cheque by the informant. Every allegation is verbal. The unregistered agreement to sell is wholly a mischievous document. Perusal of the first information report is indicative of fact that the informant is not coming out with actual fact. He is unable to show as to how he paid over the huge amount to the applicant. No money was so transacted. Merely, on the basis of verbal allegation, no one can be made accused in such vague manner in such a case. Similarly circumstanced co-accused - Rajat Sharma has already been admitted to bail by this Court vide order dated 12.7.2018 in Criminal Misc. Bail Application No. 6839 of 2018. Copy of the bail order has been annexed as Annexure No.16 to the affidavit filed in support of this bail application.Criminal history of the applicant has been explained under Paragraph No.15 of the bail application. The applicant is languishing in jail since 12.7.2017. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Rahul Sharma involved in Case Crime No. 249 of 2017, under Sections - 420, 467, 468, 471, 406, 506, 120-B I.P.C., Police Station - Link Road Ghaziabad, District - Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 18.12.2018 S Rawat