Allahabad High Court
Prempal vs State Of U.P. on 15 April, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2950 of 2020 Applicant :- Prempal Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla,Vidit Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
This bail application is being disposed of as per the order dated 04.04.2020 of Hon'ble the Chief Justice.
Counter affidavit filed by Shri S.N. Mishra, learned A.G.A. is taken on record.
The allegation against the applicant is that his wife has purchased the land from co-accused, Rohtash on 4.1.2014 which is a public property. The First Information Report has been lodged by 'Seechpal.' Applicant has been implicated on the allegation that he has plotting the aforesaid land and sold it to the other parties alongwith other co-accused.
In counter affidavit filed by the learned A.G.A. the sale deed executed by wife of the applicant to the third parties has been brought on record.It has further been alleged that land in dispute was covered under flood area and during this period alleged fraud has been committed by the accused persons.
From the material on record it appears that public land has been misappropriated by the applicant in collusion with his wife.Although he is marginal witness of the sale deed,however fact remains that wife of the applicant was not vendor but vendee and thereafter she may have purchased the property on bonafide belief that it belongs to co-accused, Rohtash. The applicant is in jail since 25.11.2019. In para 16 of the affidavit in support of the bail application it has been averred that the applicant has no criminal history.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Prempal, who is involved in Case Crime No. 403 of 2018, under Sections 420, 430, 431 I.P.C, and section 3/4 Prevention to Damages of Public Property Act Police Station-Ecotech-3 , District- Gautam Budh Nagar, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
8. 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 :- 15.4.2020 Atul kr. sri.