This court granted bail to Ashutosh Singh accused under Sections 420, 467, 468, and 471 IPC in a case involving alleged fraud over agricultural land transactions, noting a settlement of account disputes.
Applicant Ashutosh Singh be released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41501 of 2019
Applicant :- Ashoutaosh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Ojha Counsel for Opposite Party :- G.A.,Sarvesh Kumar Dubey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Sarvedh Kumar Dubey, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Ashutosh Singh in connection with Case Crime No.551 of 2018, under Sections 420, 467, 468, 471 I.P.C., P.S. Chhibramau, District Kannauj.
The first information report of this incident was lodged by the complainant against present applicant and Anupam with the allegation that the applicant and Anupam were the owners of agricultural land situated in Chhibramau of gata no.448 rakba 0.3000 hect., gata no.474 rakba 0.7000 hect. and gata no.471 rakba 0.6360 hect. It was further alleged that the present applicant in connivance with his mother Anumpam had earlier sold the land to Krishna Pratap Singh and again this land was sold by the present applicant to the wife of the complainant, Sadhna Dubey and another Savita Devi and after that this report was lodged against the applicant.
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 was dispute of accounts between the parties that is why earlier bainama was made with the condition that the sale deed will be returned. He further submitted that the parties have arrived to an settlement and they have settled their dispute of accounts to which learned counsel appearing for the complainant has no objection. 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 Ashutosh 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 :- 23.10.2019
R./
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving offences under Sections 420, 467, 468, 471 IPC regarding land sale dispute.
Ashutosh Singh
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
