Allahabad High Court
Suraj Singh vs State Of U.P. on 24 June, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14132 of 2020 Applicant :- Suraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi,Ram Bahadur Singh 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 available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.21 of 2020, under Sections 420, 467, 468, 504 I.P.C., Police Station Fatehabad, District Agra.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. It is also contended that according to FIR Sher Singh, Kehar Singh and Satish Singh, named in the FIR, have executed a sale deed of gata nos.284 and 271 in favour of Munshidas on 8.11.2006 but due to some reason his name could not be mutated. On 4.8.2018 Sher Singh, Kehar Singh, Veer Singh and Satish, Suraj Singh in collusion executed a sale deed in favour of Siya Ram. In fact by playing fraud, Munshidas got executed sale deed of the aforesaid plot and on becoming aware about the fact son of accused-Sher Singh lodged an FIR on 19.10.2017. He also moved an application u/s 157A of UPZA & LR Act on 2.11.2019. He also filed a suit no.383/2018 (Sher Singh vs. Smt. Bimla Devi and others). He also submits that applicant and co-accused are son of Jabar Singh. Applicant and his brothers are recorded in revenue record and in good faith they have executed sale deed. 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 the applicant is languishing in jail since 23.1.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant. He submits that the said property has been fraudulently obtained by the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant-Suraj Singh involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) The applicant shall file an undertaking to the effect that he 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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.
Order Date :- 24.6.2020 m.a.