Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43541 of 2018 Applicant :- Rakesh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Pratap Singh,Sandeep Kumar Rai,Sanjay Kumar Rai Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava
Hon'ble Harsh Kumar,J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for applicants, learned A.G.A. and perused record.
This is second bail application, filed after rejection of first bail application vide order dated 9.8.2017. Copy filed at Annexure No.1.
Learned counsel for applicants contends that after rejection of first bail application vide order dated 9.8.2017, some developments have taken place; that in Civil Suit No.278 of 2018 filed by first informant Gopal Singh along with Brijpal for cancellation of impugned sale deed dated 29.9.2014 which was allegedly executed by applicants in favour of Amit Sharma impersonating themselves to be Gopal and Brijpal has been cancelled vide order dated 8.9.2018 passed by Civil Judge Junior Division, District- Gautam Budh Nagar upon compromise dated 27.08.2018 between parties filed by the parties; that the applicants did not commit any fraud on first informant rather they were made to sign the impugned sale deed by accused persons Kunwar Pal Singh and Veer Pal Singh as marginal witnesses; that applicants have no criminal history; that the applicants undertake that they will not misuse the liberty of bail; that the applicants are in custody since 10.09.2016.
Learned A.G.A. vehemently opposed the prayer of bail but did not dispute the cancellation of impugned sale deed on account of compromise between the parties.
Upon hearing learned counsel for parties, perusal of record and cancellation of impugned sale deed in view of the compromise between the parties and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.
Let the applicants- Rakesh and Yaseen, be released on bail in Case Crime No.35 of 2015, under Sections 419, 420, 467, 468, 471, 34 I.P.C., P.S.- Dadari, District- Gautam Budh Nagar, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with prosecution evidence and will not delay disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.
Order Date :- 31.5.2019 shiv