Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 180 of 2019 Applicant :- Ravindra Alias Bare Alias Rajendra Opposite Party :- State Of U.P.
Counsel for Applicant :- V.K.S. Somvanshi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rajan Tripathi, Advocate holding brief of Sri V.K.S. Somvanshi, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Ravindra Alias Bare Alias Rajendra with a prayer to enlarge him on bail in Case Crime No. 551 of 2017, under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Shivli, District Kanpur Dehat.
As per prosecution story, Smt. Vrinda Devi has lodged an F.I.R. against the applicant and four other co-accused persons on 12.08.2017 in respect of forged sale deed executed on 28.06.2010. The applicant who had purchased the disputed plot on the basis of forged sale deed executed in his favour. The plot so purchased on the basis of forged sale deed was resold to the informant.
Learned counsel for the applicant has submitted that the crux of the allegation is that one Ram Swaroop was the owner of the land in dispute and the applicant and other co-accused through one impostor got the sale deed of the disputed plot executed in their favour and subsequently the same was resold to the informant. There is no allegation that Ram Swaroop had ever challenged sale deed dated 25.09.2009. The first information report was lodged with the delay of eight years from the date of incident, which has not been explained. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 12.08.2018, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 sailesh