Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33753 of 2018 Applicant :- Rampravesh Yadav @ Bablu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit has been filed by the learned counsel for the applicant, which is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rampravesh Yadav @ Bablu Yadav with a prayer to release him on bail in Case Crime No.375 of 2018, under Sections 447, 419, 420, 467, 468, 471 IPC, Police Station Kotwali, District- Deoria, during pendency of trial.
Allegation in the first information report is that the land of the informant was sold in the name of mother of the applicant Smt. Mewati Devi by one Saraswati Devi and thereafter, the mother of the applicant has executed various sale deeds in favour of third parties.
The argument is that the land was purchased by the mother of the applicant vide registered sale deed, which has been brought on record as Annexure No. 2 to the affidavit in support of the bail application and thereafter, she has executed valid sale deeds. The dispute between the parties is of civil nature required to be adjudicated by competent civil court. The first information report lodged against the applicant is abuse of process of law. Only allegation against the applicant is that he is forcibly occupying the land and got the sale deeds executed in favour of his mother. The applicant has criminal history of four cases explained in paragraph No. 21 of the affidavit in support of the bail application. The applicant is languishing in jail since 27.5.2018 In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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, let the applicant Rampravesh Yadav @ Bablu Yadav involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 5.9.2018 Ruchi Agrahari