Allahabad High Court
Amar Nath Rastogi vs State Of U.P. on 8 July, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 6488 of 2019
Applicant :- Amar Nath Rastogi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Gupta,Hasan Agha Jafri
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.281 of 2016 under Sections 406 and 420 I.P.C, Police Station-Thakurganj, District Lucknow, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. It is further submitted on behalf of applicant that the informant want to grab the property of the applicant, as a result, with the mala fide intention, he executed the agreement with the applicant on 13.01.2009, that over the property of applicant, he will raised the constructions of flats as well as shops and the sale consideration of the property would be divided between the applicant and the informant as it is mentioned in para-3 of the agreement, but now informant want to take over the entire property. He has further submitted that the applicant is aged about 78 years and he has also drawn the attention of the Court on Annexure No.5 i.e letter dated 15.02.2019 written by the Senior Medical Consultant, District Jail Lucknow to the Special Chief Magistrate, Lucknow informing about the ill health of the applicant. He has further submitted that only with intention to grab the property of the applicant a number of criminal cases were lodged. As the applicant is having property at prime location and in para-16 of the application, he has stated the criminal history and he is submitted that out of 24 cases, he has been acquitted/discharged in 19 cases. He has further submitted that if the agreement is not being implemented, then the informant is having remedy to file a civil suit for implementation, but he did not do so and the alleged accusation is made as malicious prosecution. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that he has a criminal history of 24 cases but he did not denying about the acquittal of 19 cases.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Amar Nath Rastogi- be released on bail in Case Crime No.281 of 2016, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 8.7.2019
Amit/-
