Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30175 of 2017 Applicant :- Yatan Swaroop Saxena Opposite Party :- State Of U.P.
Counsel for Applicant :- Shoab Qumar Khan,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava,Sanjay Kumar Singh
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the offences levelled against the applicant are not attracted against the applicant. If the entire prosecution story is taken in to consideration it appears to be purely a civil nature dispute. It was next contended that suit for cancellation of the sale deed was also filed and the same has been decreed and entire amount has been returned. Co-accused Rashid Khan who has executed the sale deed has been enlarged on bail. Role of the present applicant is not distinguishable with the role of co-accused in such a manner to deny him bail. The applicant has no criminal history. He is languishing in jail since 26.7.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the complainant argued that applicant did not take plea of returning the entire consideration amount before filing this application. The land in dispute was not belonging to the person who had executed the sale deed. Applicant cannot take benefit of the order passed on the bail application of co- accused Rashid Khan.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Yatan Swaroop Saxena involved in Case Crime No. 727 of 2008, under Sections 420, 406, 467, 468, 471, 120-B, 34 IPC, P.S. Kasna, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy sureties (not less than Rs. 4 lakhs) 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 he is accused, or suspected of the commission of which he is 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 him 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 :- 27.4.2018 Sachdeva