Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14719 of 2019 Applicant :- Tasleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Kumar Singh,Pushkar Srivastava Counsel for Opposite Party :- G.A.,S.A.Imam
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Tasleem has prayed to release him on bail in Case Crime No. 213 of 2018, u/s 420, 467, 468, 471, 380 I.P.C., P.S. Jarcha, District Gautam Budh Nagar.
Heard 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 he has been falsely implicated in this very case crime number. First Information Report was got lodged upon the report of Noor Mohammad against accused applicant, his two brothers Nadeem and Saleem, his father Islam and one Ameer Abbas, with accusation that informant's house, in which applicant was a tenant was got purchased by a sale deed executed by Ameer Abbas, showing open vacant plot. Whereas this was a constructed one and for this, this report was got lodged. A civil suit for cancellation of sale deed is pending before the Civil Court, where is to be seen as to whether this deed was result of fraud or not. At event, accused applicant is a bona fide purchaser and his criminal history of one case, has been duly explained. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application with this contention that Ameer Abbas, in his written statement filed before Civil Court as well as in his statement recorded under Section 161 of Cr.P.C., has categorically said that he was deceived by accused applicant and he being a man of 90 years of age, was under mistaken fact and his signature was got over above deed but the land shown to be transferred, was house of informant. Hence, it was a fraud. Bail be rejected.
Having heard learned counsel for the both sides and considered material placed on record, the admitted fact is that civil suit for cancellation of disputed sale deed, is pending before the competent Civil Court and the document was registered document. Execution of same is undisputed and accused applicant is not vendor of same but he is a purchaser of same, who is being said to be duly executed. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Tasleem, 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 :- 30.4.2019 Kamarjahan