Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17331 of 2019 Applicant :- Sachin Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- B.K.Singh Raghuvanshi,Ashutosh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Anil Kumar Bajpai, learned counsel has put in appearance on behalf of applicant, is taken on record.
Heard Sri Anil Kumar Bajpai, learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Sachin Kumar Singh in connection with Case Crime No. 641 of 2018, under Sections 419, 420, 467, 468, 471 IPC and Section 3 of Prevention of Damage to Public Property Act, 1984, P.S.Bidhnoo, District Kanpur Nagar.
The contention of the learned counsel for the applicant is that he is innocent and has been falsely implicated in the present case. He further submitted that he is neither beneficiary nor manufacturer of alleged order of revenue authority and he is not named in the FIR. He has submitted that three accused persons mentioned in the FIR i.e. Rambhajan, Ramnaresh and Rajesh, who got their names mutated in the revenue records under forged and fictitious order of revenue authority over the land of Ceiling department. He further submitted that the present applicant had moved before this Court in Writ-C No.3236 of 2019 against land mafias for which direction was given by this Court for proper inquiry at the behest of land mafias, the present applicant has been implicated in the present case. Lastly he submitted that the appellant is languishing in jail since 10.2.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sachin Kumar Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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.
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.
Order Date :- 25.4.2019 Mini