This judgment allows a bail application filed by Vedpal in a criminal case under Sections 420, 467, 468, and 471 IPC concerning alleged fraud in the execution of sale deeds. The court found it fit to grant bail subject to standard conditions.
The applicant Vedpal was released on bail upon furnishing a personal bond and two reliable sureties each of the like amount.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32690 of 2019
Applicant :- Vedpal Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Shukla,Kulveer Singh Counsel for Opposite Party :- G.A.,Krishna Mohan Tripathi
Hon'ble Ajit Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 25 of 2019, under Sections420, 467, 468, 471 IPC, P.S. Kotwali Nagar, District Muzaffarnagar.
The FIR was lodged in pursuance of an application filed under Section 156(3) Cr.P.C., alleging therein that the accused and other co-accused had executed the sale deed after presenting fictitious paper and the sale deeds were got executed. The complainant had purchased a plot no.132/133 from one Shareef Ahmad in the year 2004, which was situated in khasra no.17 Mauja Sahawali, Tehsil and District Muzaffarnagar. It was further alleged in the FIR when in the year 2018, the complainant went to see her plot with her husband then she found that the construction work was being performed by Raj Kumar. Said Rajkumar told her that he has purchased the plot from Satya Prakash and Anil. It was also alleged in the FIR that the present accused and co-accused have committed fraud in the sale deed and grabbed the complainant's plot.
Learned counsel for the applicant submitted that the applicant is quite innocent and he has been falsely implicated in the present case. It is further contended that Satya Prakash has executed a power of attorney in favour of the present accused Vedpal, Satya Prakash has also purchased the land from Sarif Ahmad after paying sale consideration. He was bonafide purchaser of the land in question and on the basis of that power of attorney the present accused has executed the sale deed in favour of Savita who has also been made an accused. It was further contended that the sale deeds which are alleged to have been executed by fictitious and forged persons, which are still valid and they have not been declared null & void by any competent Court of law till today. It is further contended that all the offences are triable by Court of Magistrate. It is further contended that various civil litigations are pending between the complainant and accused. He further submitted that the co-accused Sanspal has already been enlarged on bail v ide order dated 26.8.2019 passed of this Court in Criminal Misc. Bail Application No. 34261 of 2019. Lastly, he submitted that the applicant is languishing in jail since 28.6.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA as well as learned counsel for the complainant 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 Vedpal 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 :- 18.9.2019 Mini
2 issues framed by the court
Whether the bait application filed by Vedpal in connection with Case Crime No. 25 of 2019 deserves to be allowed.
What conditions should be imposed on the applicant if he is granted bail.
Vedpal
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
