Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45777 of 2021 Applicant :- Sushil Kumar Saini Alias Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Akshaya Kumar,Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Akshaya Kumar and Sri Pavan Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application filed under Section 439 of Cr.P.C., the applicant who is involved in Case Crime No.557 of 2020, under Sections 419, 420, 465, 467, 468, 471, 120B I.P.C., Police Station Najibabad, District Bijnor and is in jail since 19.3.2020, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He further submitted that in this case the first information report was lodged on the order of learned Chief Judicial Magistrate, Bijnor on the application under Section 156(3) Cr.P.C. He further submitted that the deceased Om Prakash was the father of informant and the applicant Sushil Kumar Saini alias Chhotu with the connivance of tenant Nitish Kumar son of Surendra Kumar Gupta is alleged to have prepared a false Will, which is alleged to have executed by father of the informant Om Prakash in favour of applicant Sushil Kumar Saini alias Chhotu. He further submitted that in the Will deed it is recited that the applicant was the friend of Om Prakash and due to love and affection, he executed this Will in favour of applicant so that after his death no dispute will arise with the heirs of the deceased. He further submitted that this the dispute of civil nature and a civil suit is pending in this regard bearing Civil Suit No.387 of 2020 (Sushil Kumar Saini alias Chhotu Vs. Kailash Chandra Singhal and others) against the informant for declaration of title with respect to the property covered in the Will. He further submitted that the applicant is languishing in jail since 19.3.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. has opposed the prayer for bail.
I have gone through the file. From the averment of para 8 of the affidavit, it appears that the applicant has filed a suit for declaration on the basis of Will, meaning thereby civil suit is pending. The applicant is detained in jail since 19.3.2020.
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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sushil Kumar Saini alias Chhotu involved in aforesaid crime be released on bail on furnishing 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 prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.12.2021 Anil K. Sharma