Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55810 of 2019 Applicant :- Rajesh Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, 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. 1180 of 2015, under Sections 419 and 420 IPC, police station Sarailakhansi district Mau, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 25.6.2012, applicant had executed an agreement to sell with regard to Plot No. 248/2.248, Rakba 0.562 situated at Mauja Bakwal, Pargana & Tehsil Sadar, district Mau in favour of one Dinesh Kumar Yadav. Thereafter, on 11.4.2013, applicant himself filed a suit for cancellation of said agreement to sell dated 25.6.2012 being Case No. 221 of 2013 (Rajesh Kumar vs. Dinesh Kumar) before the Civil Judge (Junior Division), Mau, and thereafter, applicant has executed sale deed dated 28.1.2014 in favour of informant, Sanjay Kumar Singh, but the informant immediately after purchasing the said land did not get his name mutated. Now, the dispute between the parties concerned is that the applicant executed the sale deed dated 28.1.2014 in favour of informant without disclosing the fact of executing the agreement to sell dated 25.6.2012 in favour of Dinesh Kumar Yadav and filing of Suit No. 221 of 2013. On the said facts, the main substratum of argument of learned counsel for the applicant is that the applicant has also executed a sale deed in favour of Smt. Shushila Verma and Smt. Gargi Devi, whose names have been mutated in the revenue records on 1.7.2014 and 4.8.2015 and the informant himself was at fault by not moving the mutation application within reasonable time after execution of sale deed. It is also submitted that there is no dispute with regard to ownership of the land and the dispute between the parties is civil in nature. The applicant has no criminal history to his credit and is languishing in jail since 30.9.2019. 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. Learned counsel for the applicant lastly 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.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Rajesh Singh 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 with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) 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.
(iii) The applicant will not indulge in any unlawful activities.
(iv) 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 :- 16.12.2019 Sumaira