Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31960 of 2018 Applicant :- Tej Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that earlier applicant executed a sale deed dated 13.09.1999 in favour of the informant and subsequently he has executed another sale deed dated 20.4.2011 in favour of Anoopa Devi. On the basis of subsequent sale deed the purchasers are trying to take forcible possession and creating law an order situation on the spot.
The argument is that the proper remedy for the informant was to institute a suit before the competent Civil Court. The cancellation of a void document is done by Civil Court and the first information report is an abuse of process of Court. The first information report has been lodged after orders under Section 156(3) Cr.PC. The applicant has no criminal history to his credit and is in jail since 31.05.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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 Tej Singh involved in Case Crime No.263 of 2013, under Sections 420, 467, 468, 471, 452, 323, 506 IPC, Police Station Eka, District- Firozabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 23.8.2018 SS