Criminal bail application for an accused charged with molish and forgery. The court allowed bail pending trial, citing a pending civil suit and the applicant's explanation of criminal history, subject to standard bail conditions.
Released on bail with personal bond and two sureties furnishing a personal bond and two sureties.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51006 of 2022
Applicant :- Om Prakash Pal Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and learned AGA for the State and also perused the material placed on record.
The present bail application has been filed on behalf of applicant- Om Prakash Pal seeking bail in Case Crime No. 12 of 2022, under Sections 323, 504, 506, 420, 467, 468, 471 IPC, Police Station Hanumant Vihar, District Kanpur Nagar, during the pendency of trial.
As per the allegations made in the F.I.R. the accused is a land mafiya. The informant was building a house on his plot, the accused tried to stop the construction and made fake lease papers and showed the land in the name of his ancestors. The accused with the support of hooligans abuses in the locality and threatens to kill the informant and wants to forcibly occupy the land.
Learned counsel for the applicant submits that the accused is innocent and has been falsely implicated in the present case due to enmity. Submission of the learned counsel for the applicant is that the civil suit is pending between the parties in respect of the property in question being suit no. 485 of 2020 in the court of Civil Judge, Sr. Division, Kanpur Nagar. It is further submitted that applicant has criminal history of two cases, which are duly explained in para 15 of the affidavit. The applicant is languishing in jail since 02.09.2022. There are remote chances of trial being concluded in near future due to heavy docket. In case the applicant is released on bail ,he will not misuse the liberty of bail.
Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Om Prakash Pal involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 15.11.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.11.16 10:07:15 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail pending trial in a case involving IPC Sections 323, 504, 506, 420, 467, 468, 471.
Om Prakash Pal
Abhishek Singh
As recorded by the court registry
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