Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36061 of 2018 Applicant :- Ram Shanker Gupta And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Aditya Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Manish Tewari and Sri Anil Kumar Aditya, learned counsel for the applicants, learned counsels for the applicants, learned A.G.A. for the State and Sri P. K. Singh and Sri T. N. Tiwari, learned counsels for the informant.
The allegation in the Complaint Case is that the applicant along with other co-accused has executed sale deed beyond his right and title in the property. A civil suit has already been instituted before the competent Civil Court praying for cancellation of sale deed and for permanent injunction against the accused, who is defendant in the suit.
The argument is that the allegations are required to be tested by the civil court. Till conclusive findings come regarding the competence of the applicant to execute the document in dispute he cannot be implicated. It has been further submitted that the co- accuseds, Sanjay Gupta and Sharad Gupta, have already been enlarged on bail vide order dated 05.09.2014 in Criminal Misc. Bail Application No.28575 of 2014. The complaint is pending since the year 2014 and no trial has yet commenced.
On the other hand learned AGA has opposed the prayer for bail.
Learned counsel for the informant have brought on record number of documents proving that sale deed is beyond the right and title of the applicants and it is on the face of it void document which confers no right on the vendees. However, filing of the civil suit before the court below is not disputed.
In view of the fact that nature of dispute is civil in nature and engaging the attention of competent civil court, Sanjay Gupta and Sharad Gupta, co-accuseds have already been enlarged on bail vide order dated 05.09.2014, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties,larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Ram Shanker Gupta, Lokesh Gupta, Mohan lal Gupta and Akhilesh Gupta involved in Case Crime No. 1348 of 2017, under Sections 417, 419, 420, 468, 120B IPC, Police Station Cantt., District- Varanasi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
However, Court below is directed to proceed with the trial and decide the same expeditiously, preferably, within a period of two years from the date of production of certified copy of this order before him. After proceeding with the trial no undue adjournment will be granted to the parties.
Order Date :- 24.9.2018 SS