Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48229 of 2018 Applicant :- Sanjiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Singh Patel,Krishna Mohan Tripathi,Ulajhan Singh Bind Counsel for Opposite Party :- G.A.,Sharad Sharma
Hon'ble Vikram Nath,J.
Counter affidavit filed today by the counsel for the complainant, is taken on record.
Heard Sri Vikrant Gupta, learned counsel for the applicant, Sri Kunwar Ritesh Kumar, learned Brief Holder for the State and Sri Sharad Sharma, learned counsel for the complainant.
Learned counsel for the applicant submitted that the applicant is in jail since 18.10.2018 and has no criminal antecedents which fact is not disputed by the learned Brief Holder. It is further submitted that as a matter of fact the applicant has been cheated by one Krishna Avataar who is the main accused in the first information report and is said to have executed number of sale-deeds in favour of different parties projecting himself to be the owner of such properties and has earned huge amount of money in that process. It is also submitted that the applicant is not named in the FIR. However, his name surfaced during investigation. It is next submitted that the applicant has handed over the keys of the shop in question to the complainant. Such statement has been made upon instructions from the pairokar of the applicant and has not been stated on oath by way of an affidavit. On such submissions, prayer for bail has been made.
On the other hand, Sri Sharad Sharma, counsel for the complainant opposed the prayer for bail and submitted that the applicant was a tenant in the shop of the complainant and he set up an imposter and got the sale- deed executed of the property belonging to the complainant.
Considering the facts and circumstances of the case, submissions advanced and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant- Sanjiv Kumar, be released on bail in Case Crime No. 599 of 2018, under Sections 420, 467, 468, 471, 120-B IPC, Police Station- Tanda, district- Rampur, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.4.2019 P Kesari [Vikram Nath, J.]