Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30769 of 2018 Applicant :- Vinod Kumar Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Amresh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit has been filed by the learned counsel for the applicant, which is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Vinod Kumar Tiwari with a prayer to release him on bail in Case Crime No. 1075 of 2017, under Sections 419, 420, 406, 506, 467, 468, 471, 120-B IPC, Police Station Cantt. District- Gorakhpur, during pendency of trial.
The allegation against the applicant in the first information report is that the applicant had entered into an agreement to sell making part payment of consideration for sale to the informant and after paying the balance sale consideration, the sale deed was to be executed in favour of the applicant by the informant. However, the applicant, Vinod Kumar Tiwari, got a sale deed executed from the informant in favour of Yashoda Devi on better sale consideration, but did not make payment of the same. The cheques issued towards sale consideration in favour of informant and his family members were restrained from encashment through the Bank. The learned counsel for the applicant has brought on record a supplementary affidavit annexing therewith the certified copy of the application and affidavit filed by the informant before the Mutation Court wherein he has stated that the mutation of the name of purchaser, Yashoda Devi may be made on the land sold by her since he has received the sale consideration. The argument is that the dispute regarding non-payment of sale consideration by the applicant has come to an end.The applicant is languishing in jail since 10.7.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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, let the applicant Vinod Kumar Tiwari involved in the aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.8.2018 Ruchi Agrahari