Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38177 of 2021 Applicant :- Shivdas Opposite Party :- State of U.P.
Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 04 of 2021 under Section 420 I.P.C. registered at P.S.- Parasrampur, District- Basti.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. He has not committed the alleged offence. After collection of evidence, I.O. has submitted charge-sheet in the matter. Applicant is only a marginal witness of the alleged sale-deed. Applicant has not committed any cheating or forgery. Offence u/s 420 I.P.C. is not made out. Further submitted that the applicant is languishing in jail since 17.05.2021. Maximum punishment provided for the alleged offence is seven years.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that applicant is a marginal witness of the alleged sale-deed, I.O. has submitted charge-sheet in the matter, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Shivdas involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 A. Mandhani