The Court allowed a bail application filed by two accused persons. Despite allegations of cheating and forgery involving land sale, the Court found it to be a fit case for bail without delving into the merits of the charges.
Applicants released on bail on execution of a personal bond with two sureties each under specific conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41185 of 2019
Applicant :- Rajendra Singh Chandel And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.,P.K. Singh,Yashpal Yadav
Hon'ble Ajit Singh,J.
Supplementary affidavit and short counter affidavit filed today, are taken on record.
Heard learned counsel for the applicants, Sri P.K.Singh, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicants Rajendra Singh Chandel and Anuruddha Singh Chandel in connection with Case Crime No.194 of 2014, under Sections 406, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Kanpur Nagar.
It was alleged in the first information report that the accused persons had taken Rs.10 lacs from the complainant and agreement to sale was executed on 09.12.2013 of the land situated in Civil Lines, Kanpur Nagar. It was further alleged in the first information report that it was informed by the applicants that the land was free from all encumbrances. It was further alleged that later on the land was found to be Nazul land that is why the sale deed could not be executed and the accused has embezzled the money of the complainant. The report of the incident was lodged on 07.06.2014.
The submission of learned counsel for the applicants are that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the property already been sold out several times and the applicant had not cheated the complainant and the it was complainant himself, who was not able to get the sale deed executed because he was not having required money for the execution of the sale deed. He further submitted that it is purely a civil dispute and the remedy lies in the civil court and only criminal colour has been given to a civil dispute just to harass the applicant. He submitted that the applicants are languishing in jail since 18.09.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the 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 applicants Rajendra Singh Chandel and Anuruddha
Singh Chandel 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 applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses;
iii) The applicants shall appear on the date fixed by the trial court; iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission;
v) The applicants 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 :- 21.10.2019
R./
1 issue framed by the court
Whether the application for bail in a cheating case involving alleged embezzlement and forgery is maintainable.
Rajendra Singh Chandel
Anuruddha Singh Chandel
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
