The single judge discharged Bail Application No. 25271 of 2019 filed by Bhulan Yadav accused in Case Crime No. 529 of 2015. The court allowed bail upon furnishing a personal bond and sureties.
Release on bail via personal bond and two sureties on conditions of attending trial, not tampering with witnesses, and no illegal activities.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25271 of 2019
Applicant :- Bhulan Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Aalok Kumar Srivastava Counsel for Opposite Party :- G.A.,Satyawan Shahi
Hon'ble Ajit Singh,J.
Sri Satyawan Shahi, Advocate who has put in appearance on behalf of informant by filing his Vakalatnama, which is taken on record.
Supplementary affidavit filed on behalf of applicant is also taken on record.
Short counter and rejoinder affidavits have been exchanged between the parties.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 529 of 2015, under Sections 419, 420, 467, 468, 471, 406 and 506 I.P.C., P.S. Khorabar, district-Gorakhpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant has made an agreement to sale with the complainant on 27.3.2009 and that sale was not materilized. He next submitted that the complainant had never got the ownership rights of the alleged land till today. The accused-applicant is the owner of that land and he is free to sell that land to anybody whenever he want. He has not committed any offence by selling his own land. Further submission is that several civil litigations are going on between the complaint and the present accused. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some
ulterior motive. All the offences are triable by Court of Magistrate. He also submitted that he has properly explained the criminal history in paragraph 11 to the affidavit accompanying the bail application.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 19.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail. However, learned A.G.A. has very fairly conceded that the complainant was having only agreement to sale in his favour but no final sale deed was executed.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bhulan Yadav be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 529 of 2015, under Sections 419, 420, 467, 468, 471, 406 and 506 I.P.C., P.S. Khorabar, district-Gorakhpur subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.7.2019 Faridul
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the pendency of the trial.
Whether the accused can claim innocence based on the nature of the alleged offence which was sold.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P.Referred¶12
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
1 provisions across 1 enactments
Bhulan Yadav
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
Parties & counsel
