Allahabad High Court
Sukhdeen vs State Of U.P. on 1 June, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18149 of 2016
Applicant :- Sukhdeen
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar, J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that F.I.R was lodged by Ram Kishun under Sections 395, 397, 342 & 427 I.P.C in Case Crime No. 14 / 04 in relation to Police Station Konch, District Jalaun and after investigation final report was submitted and protest application was moved by the complainant. After taking the statements under Sections 200 and 202 Cr.P.C accused - Balraj, Sukhdeen, Dhunna, Vinod, Neeraj, Pankaj, Lala S/o Kishor and Lala S/o Babu Dasa were summoned under Sections 395, 397, 342 & 427 of I.P.C. As per allegations the accused persons alongwith 3 - 4 unknown persons and 50 labourer came to the house of complainant and confined the complainant as well as his family members and locked them in a room and started looting, creating the atmosphere of fear and terror and looted the articles of about Rs.1,00,000/- and then demolished the house thereby causing damages of Rs. 50,000/-. It is further submitted by learned counsel for the applicant that due to pending civil suit false implication has been made and on these grounds final report was submitted by the police.
It is next contended that the applicant is in jail since 05.05.2016, with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicant - Sukhdeen involved in Case Crime No. C-13/2014 S.T. No. 66/2009, under Section 395, 397, 342 and 427 I.P.C, Police Station - Konch, District - Jalaun, 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: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 01.06.2016.
Vinod.
