Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 71 of 2020, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station Sherkot, District Bijnor.
Learned counsel for the applicant submits that applicant purchased a plot in the year 2008 from the heirs of Kripal Singh and another plot was purchased by Sayra Bano (mother of the informant) from the heirs of Virendra Singh S/o Kripal Singh. He submits that the land of informant is adjacent to the land of the applicant, while raising constructions by the applicant some obstructions were created by the Sayra Bano and another regarding which applicant filed a Civil Suit i.e., Original Suit No. 489 of 2011 (Shameem Ahmad Quraisi Vs. Sayra Bano and others) which was decreed by Civil Judge (SD), Bijnor vider order dated 01.10.2016 which is pending. He submits that informant claims land on the basis of forged unregistered document of sale deed dated 26.6.1969, Balbeer Singh transferred the land in favour of his father on the basis of which he filed Suit No. 548 of 2016 (Syra Bano Vs. Shameem Ahmad and anothers) before the Civil Judge, Senior Division which is pending. Thereafter to build up pressure upon the applicant this FIR has been lodged with the allegations that hatching conspiracy with Shameem Ahmad and Idris Ahmad doing pairvi on behest of the applicant. He submits that with the malicious intention this suit has been filed and this matter pertains to civil nature. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there are four criminal history of the applicant which has been explained in paragraph 17 of the affidavit and he is languishing in jail since 25.8.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, nature of offence as well as pendency of civil suit, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vakeel Ahmad Qureshi involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.2.2021 Israr