Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18099 of 2019 Applicant :- Ramgopal Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Kishor Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant Ramgopal seeks bail in Case Crime No.132 of 2017, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station-Thathiya, District Kannauj.
Learned counsel for the applicant submitted that as per allegation made in the FIR, the applicant and co-accused got the property of the complainant mutated in the name of Prithviraj and his brothers by placing forged documents. There is a civil suit pending between the parties and the applicant has been falsely implicated in the matter with ulterior motive. Co- accused Prithviraj, Mahaveer, Raghunath, Vasudev @ Harnath and Raj Kumar have already been enlarged on bail by this court vide orders dated 27.11.2017, 29.11.2017, 15.12.2017, 27.11.2017 and 19.2.2018 by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 46043 of 2017, 46289 of 2017, 49338 of 2017, 45846 of 2017 and 5985 of 2018, respectively, copies whereof has been placed on record. The applicant is having no previous criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 6.4.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicant- Ramgopal, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.4.2019 Pcl