The High Court of Allahabad granted bail to the applicant in a criminal case involving land possession disputes and forgery offences, subject to standard conditions including furnishing a personal bond and two sureties.
Release of applicant on personal bond and two local sureties with conditions regarding presence in court and non-interference with witnesses.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49766 of 2020
Applicant :- Suresh Pal Opposite Party :- State of U.P. Counsel for Applicant :- B.K. Shukla,Shashi Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 316 of 2020, under Sections 420, 467, 468, 471, 447, 120B I.P.C., Police Station Kohna, Kanpur Nagar District Kanpur Nagar.
Learned counsel for the applicant submits that according to the FIR applicant and co-accused illegally possessed the land of Police Department, Kanpur Nagar Khata Number- 00196, Plot No. 499. He submits that applicant is owner of Plot No. 499 Ha which is a big plot. Since, applicant has adjacent to the land of police department that is why he has falsely been implicated in the case. As per statement of revenue inspector when the team of police department went on the spot then no protest was done by the applicant and others. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 31.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that if the land of the applicant belongs which was possessed by the applicant and there was no dispute then they should have demarcated properly.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, nature of offence, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Suresh Pal involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.1.2021 Israr
1 issue framed by the court
Whether the applicant is entitled to bail in a criminal trial for offences under Sections 420, 467, 468, 471, 447, and 120B IPC.
Suresh Pal
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
