Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24831 of 2019 Applicant :- Shiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Haseen Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit and Vakalatnama filed today are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 359 of 2018, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Mandawar, District Bijnor.
Learned counsel for the applicant submits that according to the prosecution, co-accused Smt. Naina Devi made a forged will in favour of applicant. As soon as, applicant came to know, will- deed was cancelled on 26.04.2019. It is further submitted that co-accused Smt. Naina Devi had also obtained loan six lakhs regarding the will property, which has been deposited by her. It is further submitted that the applicant is a guaranter of the loan taken by the co-accused Smt. Naina Devi. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 12.04.2019.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Shiv Kumar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.6.2019 Sanjeet