Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27024 of 2018 Applicant :- Shahid Beg And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rashtrapati Khare Counsel for Opposite Party :- G.A., ,Pawankumar Dubey
Hon'ble Siddharth,J.
Heard learned counsel for the applicants as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicants, Shahid Beg and Faiyyaj Beg with a prayer to release them on bail in Case Crime No. 800 of 2017, under Sections 420, 467, 468, 471 IPC, Police Station Kotwali, District- Bareilly, during pendency of trial.
Sri Pawan Kumar Dubey, Advocate has filed Vakalatnama on behalf of the real land owner. The first information report has been lodged by Officer-in-charge/Sub Divisional Magistrate. Learned counsel for the aforesaid states that his land is effected by the illegal deeds of the applicants, therefore, he has locus to oppose the bail application.
Learned counsel for the applicants has argued that revenue record remains in the custody of the revenue authorities and the presumption is that a common tenure holder cannot tamper with the record since it is in their custody. The Officers of the Revenue Department are responsible for the tampering in the record and applicants have been falsely implicated. The applicants are languishing in jail since 7.5.2018. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Sri Pawan Kumar Dubey, learned counsel for the real land owner has argued that he is affected party since revenue entries have been tampered, manipulated by the applicants. On the basis of manipulated entry, the applicants have already instituted a suit for injunction against the true owners of the land and he is misusing the entry.
It is not possible to decide the dispute in this proceeding and parties have remedy available under the relevant law.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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, let the applicants Shahid Beg and Faiyyaj Beg involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.7.2018 Ruchi Agrahari