Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52755 of 2019 Applicant :- Suresh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant who is involved in Complaint Case No.278 of 2017, under Section 420 I.P.C., Police Station Jaithra, District Etah, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case by the complainant Rama Devi. As per prosecution case, Ramesh Chandra (brother of the complainant) was unmarried who died on 05.01.2001, but applicant and other co-accused persons in collusion with each other got a fictitious sale deed 18.07.2002 executed in his favour by impersonating a person as Ramesh Chandra and affixing his photograph on the sale deed. On the said complaint, applicant has been summoned by order dated 16.05.2018. Main substratum of argument of learned counsel for the applicant is that infact Ramesh Chandra (brother of the applicant) died on 13.06.2003. In support of this submission, learned counsel for the applicant has placed reliance on death certificate dated 02.06.2016 appended as Annexure 6 to the application. It is also submitted that till date no suit for cancellation of said sale deed dated 18.07.2002 has been filed anyone and with regard to alleged sale deed dated 18.07.2002, a complaint has been filed after much delay on 08.03.2017 through an application under section 156(3) Cr.P.C. The applicant is languishing in jail since.27.08.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the application for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Suresh Chandra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.11.2019 SKD