HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43909 of 2019
Applicant :- Gauravdutt @ Gaurbadan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Ajit Singh,J.
Sri Girdhar Prasad Tripathi, Advocate filed his vakalatnama on behalf of the informant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Gauravdutt @ Gaurbadan in connection with Case Crime No. 350 of 2013, under Section 406 IPC, P.S. Ubhaon, District Ballia.
The first information report of this incident was lodged in pursuance of an application filed under Section 156(3) Cr.P.C. It was alleged that the applicant had executed sale deed in favour of the complainant and several other persons of which the applicant was not the owner of the land.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicate due to ulterior motive. He submitted that the offence is triable by the court of Magistrate and punishable below seven years. He submitted that the applicant is languishing in jail since 19.08.2019 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 Gauravdutt @ Gaurbadan 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 :- 22.10.2019