Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4010 of 2019 Applicant :- Toheed Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Vakalatnama filed on behalf of the first informant is taken on record.
Heard Sri Ram Prakash Dwivedi & Sri M.A. Siddiqui, learned counsels for the applicant, Sri Anil Srivastava, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Toheed Ahmad in Case Crime No. 123 of 2013, under Sections 420, 467, 468, 471, 511, 504, 506 I.P.C., Police Station- Mantola, District- Agra with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next submitted that admittedly the applicant is the tenant of first informant. As the landlord (first informant) wanted to evict the applicant forcibly, the applicant instituted a civil suit before the civil court and an injunction in favour of applicant was granted by the civil court on 4.10.2013 restraining the deponent not to interfere in his peaceful possession. Thereafter, first informant lodged the present first information report on 25.10.2013 alleging that on the basis of certain forge documents the applicant has made an attempt to secure loan from the bank. Learned counsel for the applicant further submitted that after thorough investigation Final Report was submitted and the applicant has been summoned to face trial on the protest petition. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 3.1.2019, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the summoning order to the applicant is well considered one and the offence is made out from the evidences collected during investigation. Therefore, the applicant is not entitled to be enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Toheed Ahmad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019/ Vikas