Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29861 of 2019 Applicant :- Shreesh Chandra Dwivedi Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Dahma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri Harikesh Kumar Gupta, Advocate who has put in appearance on behalf of informant by filing his Vakalatnama, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 280 of 2017, under Sections 419, 420 and 506 I.P.C., P.S. Shivkuti, district-Prayagraj, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that neither applicant is the owner nor the seller of the property and he has not duped in any way to anybody. He is only the marginal witness of agreement to sale executed by co-accused Vijay Kumar and Abhai Kumar in favour of Smt. Shilpi Gupta, wife of the complainant. He next submitted that the allegations which have been levelled against the applicant in the FIR are totally false. A report of Tehsil, Sadar, which was submitted by the concern Lekhpal regarding the land in dispute in self implicit, in which it has been specifically mentioned that the plot purchased by the purchaser situates in Arazi No. 879.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 2.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A, as well as learned counsel for the complainant.
Learned counsel appearing on behalf of complainant has specifically stated that there is dispute between the seller and the purchaser over some payment which was to be given in consideration as black money and that has not been given.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the report which is still in existence and that has not been declared void by any competent court of jurisdiction and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Shreesh Chandra Dwivedi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 280 of 2017, under Sections 419, 420 and 506 I.P.C., P.S. Shivkuti, district-Prayagraj subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.7.2019 Faridul