Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48867 of 2018 Applicant :- Rupesh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Amrendra Nath Singh,Ajay Singh Counsel for Opposite Party :- G.A.,S.B.Singh,S.N.Singh
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Rupesh Singh has prayed to release him on bail in Case Crime No. 271 of 2018, u/s 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Azamgarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number only on the basis of alleged agreement to sell executed by Ramraj in his favour. Informant had purchased land from Shivbachan and that too in the year 2017 then after he indulged the applicant in this implication. Accused-applicant is of no concern with revenue record, which was prepared by revenue officers. There was no chance of any tempering by him in revenue record because he was not the custodian of the record and the revenue authority has not lodged any case against him about tempering. Mere execution of agreement to sell will not create a right in the land and it was executed by Ramraj, who was a party in the suit u/s 229B of the U.P.Z.A.L.R. Act before revenue authority and Shiv Bachan was defendant in it. This deed was got executed under bonafide belief. He is of no criminal other than explained by him in supplementary affidavit, but not convicted. Hence bail has been prayed for.
Learned AGA as well learned counsel for informant have vehemently opposed the bail application on the basis of alleged criminal history of heinous offences including u/s 395, 397, 364 I.P.C. There is chequered history of 22 cases against the applicant. Tempering in revenue record by accused-applicant and then getting a forged and fabricated agreement to sell executed from Ramraj of a land, which was involved in proceeding u/s 229B of the U.P.Z.A.L.R. Act, ended in favour of Shiv Bachan and no appeal of the same was made. Application for correction of entries was not opposed by Ramraj and requested to be amended in favour of erstwhile tenure holders but present applicant is agitating the matter, hence bail be rejected.
Having heard learned counsel for both sides and considered the material placed on record, it is apparent that this report was got registered on 14.9.2018 upon report of Pramod Kumar Singh against Ramraj, Rupesh Singh, Ganga, Vinod Kumar and Doodhnath with this accusation that on 30.6.1984 in concerned Khatauni names of Shiv Bachan, Mahanand and Basu were got erazed and in their place name of Ganga was entered on Arazi number. This tampering was done by adding some paper and making entry in different ink and for getting above land this agreement to sell was got executed. Meaning thereby tempering in revenue record was prior to 2008 as is stated in the statement recorded u/s 161 Cr.P.C. and till then there was no agreement to sell and entry was tempered before it. The document was not in possession of the applicant but was in possession of revenue officials but no case by revenue officer of this tempering is there. Execution of agreement to sell by Ramraj was not denied and it was under bonafide belief of declaration of his right in the suit u/s 229B of the U.P.Z.A.L.R. Act. Rest averments are subsequent developments. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Rupesh Singh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2019/Pcl