Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17334 of 2019 Applicant :- Ramji Tiwari And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Awadhesh Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Sunil Singh, Advocate has filed his Vakalatnama on behalf of complainant, which is taken on record.
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 applicant who is involved in Case Crime No. 0284 of 2017, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Bansdeeh, district-Ballia, are seeking enlargement on bail during the trial.
Learned counsel for the applicants submitted that a forged and fake will was fabricated by some other persons and accused appellants Ramji Tiwari and Ravindra Nath Tiwari have been falsely implicated in the present case on account of being marginal witnesses of the said will. Both the applicants are senior citizen and they are only marginal witnesses of the alleged fake will and they are not the beneficiary of the property in any way. He next submitted that several civil suits are pending between the parties. The first information report was lodged on 17.3.2017 against the applicants by the complainant pursuant to the order passed by the Magistrate on the application moved by the complainant before him under section 156(3) Cr.P.C. He further submitted that the applicants are absolutely innocent and have been falsely implicated in the present case due to some ulterior motive. He also submitted that all the offences with which the accused have been charged are triable by Magistrate. He lastly submitted that the applicant, who is in jail since 18.3.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicants, Ramji Tiwari and Ravindra Nath Tiwari be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 0284 of 2017, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Bansdeeh, district-Ballia subject to the following conditions:-
(a) The applicants shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 25.4.2019 Faridul