Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16055 of 2021 Applicant :- Rashid Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Saxena,Mohan Singh Verma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Rashid, in connection with Case Crime No. 253 of 2008, under Sections 419, 420, 467, 468, 471 and 120B IPC, Police Station - Chhata, District - Mathura.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State through video conferencing.
It is submitted on behalf of the applicant that the main allegation is against co-accused Kalloo and Saleem, and the applicant has hardly any complicity in commission of the offence. The sale deeds came to be fraudulently executed. The allegation against the applicant is of accepting a small amount of money to facilitate the transaction. It is pointed out that there is no allegation against the applicant of being a vendor or marginal witness to any of the sale deeds executed, but a mere facilitator, about which there is no evidence on record. It is submitted that he has been charge-sheeted by the Police, doing an unfair, biased and mechanical investigation, where they have failed to collect anything to connect the applicant to the crime. It is asserted in paragraph 12 of the affidavit filed in support of the bail application that the applicant has no criminal history and is in jail since 30.01.2021.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the main role of executing the sale deeds without title is assigned to co-accused Kalloo and Saleem, the fact that role assigned to the applicant is one of a mere facilitator in the transaction, about which there is prima facie no evidence, the fact that prima facie the applicant has not prepared any false document or was a vendor or marginal witness to any of the sale deeds executed, the fact that the applicant is in jail since 30.01.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Rashid be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant 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.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(vii) The Court/Authority/Official concerned shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 12.5.2021 I. Batabyal