Omvir v. State of Up

Neutral Citation No. - 2024:AHC:165909

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8622 of 2024

Applicant :- Omvir Opposite Party :- State of U.P. Counsel for Applicant :- Sukrampal Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

1. Heard Sri Sukrampal Singh Tomar, learned counsel for the applicant and perused the record.

1. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.08 of 2003, under Section 420, 467, 468, 504, 506 I.P.C., Police Station-Baghpat, District-Baghpat, till conclusion of trial.

1. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant FIR has been lodged with malicious intention. Applicant is subsequent purchaser of the plot in dispute. Co-accused, Ghanshyam, challenged the FIR by filing Criminal Revision No.1807 of 2003 before this Hon'ble Court, this Court vide order dated 14.07.2023 directed the Investigating officer not to effect the arrest of the accused applicants till submission of charge sheet. Thereafter, charge sheet was submitted and coaccused Mansha Ram challenged the charge sheet before this Hon'ble Court by filing Application U/s 482 No.3612 of 2024, this Court vide order dated 10.05.2024 stayed the further proceedings of the case, thereafter the 482 application vide order dated 02.07.2024 has been dismissed as not pressed. Applicant's counsel further submitted that co-accused, Mansha Ram and informant are no more and there is chances of settlement between the parties. Applicant's counsel undertakes that applicant will co-operate in the trial, failing which, the State can move appropriate application for cancellation of the anticipatory bail. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.