In a bail application under Section 437 CrPC, the court allowed the release on bail of accused applicants falsely implicated in a criminal trial involving property dispute, subject to standard conditions.
Released on bail on furnishing personal bonds and two reliable sureties of the like amount subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11961 of 2021
Applicant :- Naresh And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Raghwendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicants, Naresh, Bantu, Navab and saleem, who are involved in Case Crime No. 253 of 2008, under Sections 419, 420, 467, 468, 471, 120 I.P.C. P.S.- Chhata, District- Mathura.
Learned counsel for the applicants in support of their prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case. It is further submitted that the property in dispute is a part of Khasra No.73 area 0.0810 hectare of which applicants no.2 to 4 along with informant are the co-sharer and their names were recorded in the revenue record and applicant no.1 is the witness of the sale-deed. The applicants no. 2 to 4 and another co-accused have sold their share in favour of one Digambar by registered sale-deed dated 8.5.2007 and Digambar had executed sale-deed in favour of Mantu @ Mahendra on 11.6.2008. This sale-deed was also rectified on 12.06.2009. The applicants have also filed proceedings under Section 482 Cr.P.C. to quash the chargesheet in which interim protection was granted to the applicants and the applicants could not file discharge application as directed in the application under Section 482 Cr.P.C. within time due to Covid-19 pandemic and the civil suits are pending between the parties before the competent civil court.
Learned A.G.A. vehemently opposed the prayer for bail.
Admittedly applicants no.2 to 4 are the co-sharer along with informant. The civil suits are pending between the parties.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicants, Naresh, Bantu, Navab and saleem , be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicants without any reference to this Court.
Order Date :- 15.3.2021 Prajapati
2 issues framed by the court
Whether the applicants are entitled to bail.
Whether imprisonment in present facts is unnecessary.
Naresh And 3 Others
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
