Allowed
Bhujbal Singh v. State of U.P.
Allahabad HCBAIL/36385/2019
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from the order text
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Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36385 of 2019
Applicant :- Bhujbal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Maiku Lal Maurya, Varun Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Arjun Singh Yadav, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Bhujbal Singh in connection with Case Crime No.159 of 2016, under Sections 406, 419, 420, 506 I.P.C., P.S. Pashchim Sharira, District Kaushambi.
There is allegation in the first information report that the applicant had taken the money of the complainant from the commission agent of Mundera Mandi, Allahabad when the potatos bags were sent for sale, which were grown by the complainant in the fields of accused on rent.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that there is monetary dispute between the parties and the accused had taken the money of his own from the commission agent but he had accepted that there was no other relation between the complainant and the applicant and only the transaction of money was between them. He submitted that the applicant is a poor farmer and he is ready to pay without accepting his guilt Rs.50,000/- to the complainant at the time of filing of the bail bonds. He further submitted that there is simple allegation that the applicant had taken the money from the complainant when he was sowing his field on rent and the allegation is that the produce was sold by the applicant. He submitted that the applicant is languishing in jail since 14.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have 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 Bhujbal Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 25.9.2019
R./
1 issue framed by the court
Whether the applicant Bhujbal Singh is eligible for bail in connection with the non-bailable offences of cheating and criminal breach of trust.
Bhujbal Singh
Ajit Singh
As recorded by the court registry
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