Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52077 of 2019 Applicant :- Rajendra Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh 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 Rajendra, who is involved in Case Crime No.1134 of 2019, under sections 420, 467, 468, 471, 406, 506 I.P.C., Police Station Bisrakh, District Gautam Budh Nagar, is seeking enlargement on bail during the trial.
It is 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 submitted that in this case dispute is with regard to possession of land in question, which was purchased by the first informant by means of sale deed dated 22.12.2008 executed by co- accused Narendra Singh. Thereafter the said land in question was mutated in the name of informant, but subsequently said land was acquired by Greater Noida Authority, therefore, dispute arose between the parties concerned, in which the first informant has lodged three cases being Case Crime No.1134 of 2019 (present case), 1135 of 2019 & 1133 of 2019. The applicant is neither vender nor vendee of the said sale deed of the land in question and has no concerned with the said land. Main accused, namely, Narendra Singh has been granted anticipatory bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No.49824 of 2019 vide order dated 16.11.2019 and the case of applicant is distinguishable from the case of co-accused Narendra Singh. Applicant has also been granted bail by this Court in Case Crime No.1133 of 2019 in Criminal Misc. Bail Application Nos.51580 of 2019 vide order dated 25.11.2019 and in Case Crime No.1135 of 2019 in Criminal Misc.Bail Application No.51527 of 2019, therefore, on the ground of parity, the applicant is also entitled to be released on bail in this case. The applicant has no criminal antecedent to his credit and is facing detention since 15.10.2019. 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.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed aforesaid co-accused have already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Rajendra, 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 :- 26.11.2019/SKD