Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16717 of 2021 Applicant :- Ravindra Lal Pal Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Ravindra Lal Pal, in connection with Case Crime No.918 of 2019, under Sections 420, 504, 506, IPC, Police Station Cantt. District Varanasi.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that the allegation against the applicant is one about introducing the informant to the main accused, Ravindra Kumar, who is said to have cheated the informant of his money after executing a bogus agreement to sell relating to land already sold. It is argued by the learned counsel for the applicant that the applicant's role is no more than that of introduction of the informant to the main accused and further that the applicant is not shown by any evidence aliunde to be a beneficiary of the transaction. It is also argued that the solitary criminal history against the applicant is of a case under Sections 504, 506, 120B, IPC, which he has explained in paragraph No.20 of the affidavit. The applicant is in jail since 16.03.2021.
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 role against the applicant is marginal and prima facie no more than that of introducing the informant and the main accused Ravindra Kumar, the fact that the applicant prima facie is not a beneficiary of the transaction, the fact that the applicant is a respectable man, who is in jail since 06.03.2021, 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, Ravindra Lal Pal in connection with Case Crime No.918 of 2019, under Sections 420, 504, 506, IPC, Police Station Cantt. District Varanasi 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 a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the 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 conditions enumerated above, the complainant 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 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 :- 11.5.2021 NSC