In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36894 of 2017 Applicant :- Saleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard Sri P.Dixit, learned counsel for the applicant, Sri Sunil Kumar Dwivedi, learned counsel fore the complainant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 178 of 2017, under Sections 420,467,471,504,506 IPC, P.S. Jahangirabad, District Bulandshahr.
The allegation in the first information report is that the applicant had sold away plot belonging to informant on 1st August, 2014 to the third party for a consideration of Rs. 3,00,000/- and therefore, it was pleaded that he committed fraud and when money was demanded from the applicant, he only assured that he will pay the money and it is on 15.12.2016 when informant had gone to demand the money from the applicant, he threatened him of life and consequently, first information report was lodged.
Learned counsel for the applicant has contended that parties have entered into compromise on 18.2.2018 whereby the applicant had agreed to pay back money to the informant. The compromise executed on Rs. 10 non judicial stamp paper, which has been annexed alongwith supplementary affidavit. Learned counsel for the complainant Sri S.K.Dwivedi, does not oppose the compromise and agrees that as per compromise, his client has received the amount.
On contrary, learned AGA opposed the prayer for bail as crime against State.
Considering the aforesaid submissions of learned counsel for the parties, and the fact that learned counsel for the complainant has accepted that his client has received amount as per compromise, I am of the view that the applicant should be admitted to bail.
Let the applicant Saleem involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 23.3.2018 Sanjeev