Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17642 of 2019 Applicant :- Ram Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Ram Prakash, who is involved in Case Crime No. 883 of 2018, under Sections 420, 467, 468, 471, 323, 506 & 120-B I.P.C., P.S. Civil Lines, District Moradabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; accused-applicant is neither vendor nor vendee nor attesting witness of alleged sale deed and there was no fraud with informant rather fraud, if any, may be with Kamar Jahan by Gajan Dei, who was the subsequent vendor and the attesting witness of above deed, but Kamar Jahan has not filed any case; though deed was executed by Gajan Dei for a piece of land which was entered in record in her name because of being wife of deceased Chandi Ram; there was no fraud at all, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the above factual aspect.
First Information Report reveals that land was purchased from Chandi Ram and after his death his wife Gajan Dei transferred the land in favour of Kamar Jahan and it was said to be other land than the land of informant. The name of accused-applicant in above transaction has not been narrated except his involvement. The accused-applicant is neither vendor nor vendee nor attesting witness of alleged sale deed.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Ram Prakash, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 NS