The Court allowed the bail application of the applicant charged under IPC Sections 420, 432, 447 and Prevention of Damages to Public Property Act. The applicant was released on furnishing a personal bond and two sureties subject to standard conditions.
Released on bail by furnishing personal bond and two sureties of like amount subject to specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11689 of 2019
Applicant :- Jainuddin Opposite Party :- State Of U.P. Counsel for Applicant :- Vidit Narayan Mishra,Anil Kumar Srivastava,Mahendra Pratap Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 840 of 2018 under Sections 420, 432 & 447 I.P.C. and 3 of Prevention of Damages to Public Property Act, P.S. Phase-II Noida, District Gautam Budh Nagar.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submits that as per the allegations in the FIR one co-accused Haji Mubarak has sold the land illegally, which was in the flood zone of Hindan river. It is further submitted that co-accused Haji Mubarak has cheated the purchasers who has purchased the land from Haji Mubarak. It is next submitted that the applicant assigned the role that he had helped Haji Mubarak in such dealings. He further submits that no purchasers has made complaint that they have been cheated by present accused along with other co-accused. Offence is triable by the Court of Magistrate. Lastly he submitted that the applicant has no criminal history and he is languishing in jail since 09.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Jainuddin be released on bail in the aforesaid case crime number on his furnishing a personal bond and two
reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 6.8.2019 Md Faisal
1 issue framed by the court
Whether the applicant should be released on bail.
Jainuddin
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
