Allahabad High Court
Farookh vs State Of U.P. on 16 March, 2021
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7414 of 2021
Applicant :- Farookh
Opposite Party :- State of U.P.
Counsel for Applicant :- Abhitab Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No.393 of 2020, under Sections 307, 427, 323, 504, 506 IPC, Police Station Saroorpur, District Meerut.
3. As per FIR version when the first informant reached on his wheat crop field, he saw the accused-applicant ploughing the field with tractor and destroying the crop. When the informant resisted, the applicant fired at him with intention to kill.
4. Learned counsel for the applicant submits that a civil dispute has illegally been dragged into criminal proceeding. In fact, with respect to the land in question where the crop was grown, suit for specific performance was filed by the applicant which was registered as Suit No. 44 of 2004 and the same was decreed vide judgment and order dated 09.04.2013 (Annexure-4) in favour of wife of the applicant and in pursuance of the said decree, sale-deed executed on 23.01.2019 and registered on 08.02.2019 (Annexure-5) in favour of the plaintiff. It is further submitted that the present applicant has falsely been implicated in the present case on false allegations and to create pressure upon him so that he may relinquish his title over the property in question. It is also submitted that the first informant is illegally claiming his right and title over the property in question on the basis of alleged sale-deed said to have been executed in the year 2014 in favour of his mother-Maryam, that too, after the judgment and decree dated 09.04.2013 passed by the civil court.The applicant is languishing in jail since 31.12.2020. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
5. Per contra, learned A.G.A. has vehemently opposed the bail application but he has submitted that innocence of applicant cannot be adjudicated at pre-trial stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case, he is released on bail, he may misuse the liberty of bail.
6. Upon hearing learned counsel for the parties, perusal of the record and considering the complicity of accused as well as totality of facts and circumstances of the case, without expressing any opinion on merits of the case at this stage, I find it an appropriate case to release applicant on bail.
7. The application is allowed. Let the applicant-Farookh involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant shall not tamper with the prosecution evidence and shall not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall abide by the orders of Court, shall attend the Court on each and every date and shall not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall not indulge in any unlawful activities.
(iv) The applicant shall not misuse the liberty of bail in any manner whatsoever.
8. The identity, status and residential proof of sureties shall be verified by the Court concerned, and in case of breach of any of above conditions by the applicant, the Court concerned shall be at liberty to cancel the bail.
Order Date :- 16.3.2021
VR/
