Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15780 of 2019 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Srivastava,Arjun Singh Solanki,Dharmendra Kumar Srivastava,Hari Prakash Mishra,Tarun Pratap Singh Counsel for Opposite Party :- G.A.,Vipin Kumar
Hon'ble Raj Beer Singh,J.
Counter affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant, Sri Satendra Singh, holding brief of Sri Vipin Kumar, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 360/2018 under Sections 420, 467, 468, 471, 504, 506 IPC, police station Patiyali, District Kasganj with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive; that no criminal offence is made out against the applicant; that applicant is ready and undertakes to get the alleged forged sale- deed dated 16.04.2018 cancelled to settle the matter between the parties; that the dispute is purely of civil in nature and the applicant is in jail since 17.01.2019 and that the applicant has no criminal history and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned counsel for the complainant has not opposed the bail application subject to the condition that the applicant may be directed to get the alleged forged sale-deep dated 16.04.2018 cancelled and to restore the property of the complainant within a fixed period.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, it appears appropriate that applicant be granted conditional bail to enable him to get the alleged forged sale-deed cancelled and to settle the matter with the parties.
The prayer for bail is granted. The application is allowed.
Let the applicant Rahul involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall get the alleged forged sale-deed dated 16.04.2018 cancelled in accordance with the law within the period of two months from the date of release from jail without causing prejudice to either of the party.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
5. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
6. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution/complainant to move for cancellation of bail and in such an eventuality, the court below would be free to cancel the bail.
Order Date :- 29.5.2019 Anand