Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23748 of 2019 Applicant :- Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kapil Kumar,Nazrul Islam Jafri(Senior Adv.),Sadaful Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sunil Kumar has prayed to release him on bail in Case Crime No. 347 of 2019, u/s 420, 467, 468, 471, 406 I.P.C., P.S. Kotwali, District Ghaziabad.
Heard Sri N. I. Jafri, learned Senior Advocate, assisted by Sri S.
I. Jafri, learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, whereas prior to registration of this crime number the alleged sale deed executed in favour of Krishna Kumar was got corrected by way of mentioning "third floor" in the above building with specific mention of ownership of informant and his son over "second floor" of the building, which was previously alienated in his faour by the accused -applicant and his son-in-law, who were owners of plot and structure. The alleged amendment in the Bank loan documentation has also been implemented. The same flat is under possession of the informant and there was no fraud with informant. The accused-applicant being of no criminal antecedent is languishing in jail in this case crime number for which bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Perusal of F.I.R. reveals that it was got lodged upon report of Lallu Singh Maurya against present accused-applicant and six others that the alleged fraud was committed by those accused persons in which same portion of structure, which was transferred in favour of informant and his son, was transferred in favour of co-accused Krishna Kumar, who has taken loan from Bank over above Flat but the registered deed at page no. 72 on record reveals that the above deed was got corrected in which there is specific mention of flat of informant and his son on second floor and co-accused Krishna Kumar was vendee of third floor of that building. Documentation in Bank has been said to have been got corrected. Hence under all above facts and circumstances and the case being exclusively trible by Magistrate 1st Class and without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Sunil Kumar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 Pcl