Court No. - 26
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22481 of 2019 Applicant :- Ram Jatan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Shankar Shukla,Mani Shanker Pandey,Shri Kant Pandey Counsel for Opposite Party :- G.A.,M B Yadav Andm Ramk Autar
Hon'ble Anil Kumar-IX,J.
Counter affidavit has been filed by Shri M.B. Yadav and Shri Ram Awtar Rao learned counsel for complainant today in the Court, is taken on record.
Heard learned counsel for applicant, learned counsel for complainant, learned A.G.A. for State and perused the record.
According to the prosecution case, applicant has been summoned along with three others in Complaint Case NO. 3349 of 2014 under Sections 419, 420, 467, 468 I.P.C. on complaint of Km. Rita in which it is alleged that applicant has committed fraud with the complainant and has executed sale deed of her recorded land in favour of her daughter-in-law.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. The dispute is essentially of civil nature and a case is pending before the civil court for cancellation of sale deed. He has not having any previous criminal history. He is an old person of more than 75 years of age and is suffering from many ailments. He is languishing in jail since 26.04.2019.
Learned counsel for complainant and learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed Let the applicant Ram Jatan be released on bail in Complaint Case No. 3349 of 2014, under Sections 419, 420, 467, 468 I.P.C., Police Station- Jhunsi, District- Prayagraj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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.
Order Date :- 31.5.2019 Sharad/-