Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28673 of 2018 Applicant :- Shakti Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwini Kumar Awasthi,Manish Tiwary 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 argument of the learned counsel for the applicant is that the applicant entered into an agreement with the informant for sale of a flat. The sale consideration was not paid by the informant in time and therefore, the flat was allotted to some third party. Alleging that the applicant has violated the contract by not allotting him same flat, the impugned FIR has been lodged. The dispute appears to be of civil nature regarding violation of contract of sale for which the remedy lies elsewhere. Criminal history of the applicant has been explained in paragraph 20 of the affidavit, filed in support of the bail application. The applicant is in jail since 13.6.2018.
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 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 has made out a case for bail. The bail application is allowed.
Let the applicant Shakti Singh involved in Case Crime No.94 of 2017, under Sections 420, 406, 323, 504, I.P.C, Police Station Pallavpuram, District Meerut 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. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 :- 31.7.2018 T. Sinha