Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36097 of 2018 Applicant :- Sabir Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Shri R.K. Mishra, learned counsel for the applicant, learned A.G.A. for the State and Shri Vinod Singh, learned counsel appearing on behalf of informant.
The allegation against the applicant is that he has executed an agreement to sell regarding a property, which has already been sold by his father in the year 1980 in favour of the grandfather of the informant.
The argument is that at the time of execution of sale deed by his father the applicant was a minor and his name continued in the revenue record. On the basis of the revenue entry he has executed agreement in favour of co- accused Vineet Kumar. He has already instituted a suit for cancellation of the agreement to sell. Section 54 of the Transfer of Property Act provides that mere execution of an agreement to sell does not confer any title on the prospective purchaser. Therefore, it cannot be said that any right and title existing in favour of the informant has been curtailed by execution of the disputed agreement in favour of co-accused Vineet Kumar. The applicant has no criminal history and is in jail since 19.8.2018.
On the other hand learned AGA and learned counsel for the informant have opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sabir involved in Case Crime No.812 of 2017, under Sections 420, 467, 468, 471, I.P.C, Police Station Shahabad, District Rampur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.9.2018 T. Sinha