Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14581 of 2021 Applicant :- Suraj Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Singh,Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.,Rajesh Kumar Tiwari
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was submitted that applicant has executed a sale deed in favour of first informant in the year 2011 and that the first information report has been lodged after 8 years in the year 2019 making false and baseless allegations. Even as per prosecution, case against the applicant is that he has executed a sale deed without disclosing the fact that he is a member of Scheduled Caste and it was a lease land. It was submitted that even on the allegations of prosecution, no case under Sections 467, 468 and 471 IPC is made out, as no forgery at all has been committed by the applicant. The FIR has been got lodged by the first informant by moving an application under Section 156 (3) Cr.P.C. Learned counsel for the applicant has argued that applicant is languishing in jail since 16.01.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant has sold the disputed land to first informant by concealing the fact that it was a patta land and applicant has no right to sale the same.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Suraj Pal involved in Case Crime No. 2544 of 2019, under Sections 420, 467, 468, 471 of IPC, Police Station Sahibabad, District Ghaziabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 SA