Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34807 of 2018 Applicant :- Shakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he along with co-accused had executed the sale deed in favour of informant on 04.01.2016, when his father had earlier executed the sale deed of the same land in favour of Sahadat (third party) on 4.1.2007. The allegation is that the informant has been cheated.
Learned counsel for the applicant has submitted that the applicant is willing to refund Rs. Five lakhs to the informant subject to the final out come of the suit, which may be filed by the informant for declaration of sale deed as void.
On the other hand learned AGA has 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, larger mandate of the Article 21 of the Constitution of India 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 is directed to be released on bail for a period of three month. During which period he will arrange and make demand draft Rs.Five lakhs in favour of the informant and deposit the same before the C.J. M. concerned, who shall release the demand draft to the informant.
However, in case of default in depositing the aforesaid amount within the time stipulated above, the bail granted to the applicant shall stand cancelled and he shall be taken into custody forthwith.
This payment of money is without prejudice to the right of the applicant to defend himself before the Trial Court.
Let the applicant Shakir involved in Case Crime No.21 of 2018, under Sections 420, 467, 468, 471, 323, 504, 506 IPC, Police Station Rabupura, District- Gautam Budh Nagar 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. If the order is complied with, the bail granted to the applicant shall continue till the conclusion of trial.
2. The applicant will not tamper with the evidence during the trial.
3. The applicant will not pressurize/ intimidate the prosecution witness.
4. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
5. 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.
6. 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 :- 14.9.2018 SS