Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40796 of 2019 Applicant :- Rama And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Pathak,Harshit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No.606 of 2018, under Section 420 I.P.C., Police Station Nakur, District Saharanpur.
The proceedings of this case were initiated by way of complainant. There is allegation in the first information report that the accused persons have sold their lands to the complainant Ikram on 15.02.2012 and it has been alleged in the F.I.R that the land was got mutated in the revenue record in the name of the complainant. After that, it was found that the accused had sold the land without taking permission from the authorities as they belong to Schedule Castes category.
Learned counsel for the applicants has submitted that the present accused are brothers. It has further submitted that they are poor and illiterate persons of the village and they have no knowledge for taking any permission from the authorities for performing the sale-deed.
Learned counsel for the applicants has further submitted that the accused are quite innocent and have been falsely implicated in this case and there was no intention to cheat the complainant. The offence is triable by the Court of Magistrate. He next submitted that the accused applicants are in jail since 04.09.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the overall facts and circumstance, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail .
Accordingly, the bail application is allowed.
Let the applicants namely, Rama, Shyama, Ketan and Krishnpal involved in the aforesaid crime be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.9.2019 SFH