Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20559 of 2019 Applicant :- Veerpal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Mehrotra,Dhirendra Kumar Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Vakalatnama has been filed by Sri Mohd. Zakir from the side of informant and the same is taken on record.
Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A. and perused the record.
By means of this application, the applicant Veerpal Singh, who is involved in Case Crime No. 1576 of 2017, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali Dehat, District Bulandshahar, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. There was no fraud by him nor any manufacturing of fraudulent document rather it was a typographical error of revenue officials, by which name of applicant's wife was entered in subsequent Khatauni of alleged land. The application paper no. 25 moved before Tehsildar, Sadar Bulandshahar by informant Anil Kumar Sirohi and Ajay Kumar Sirohi reveals that this has been written in it that it was a typographical error by which name of applicant's wife was entered. The alleged loan was taken by accused-applicant and the same has been paid back. There is no dues at all. Accused- applicant is of no criminal antecedent. Hence, bail has been prayed for.
Learned counsel for informant and learned A.G.A. vehemently opposed the prayer for bail with contention that on the basis of fraudulent entry a huge loan of Rs.5,00,000/- was got advanced by accused-applicant and this was a long process, which usually takes about one month, hence it cannot be said that it was not deliberate, rather it was a fraud.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Veerpal Singh, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 30.5.2019 NS