Allahabad High Court
Kale vs State Of U.P. on 18 March, 2021
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13608 of 2021
Applicant :- Kale
Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Saxena,Ajai Singh Patel,Mohan Singh Verma
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 on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.253 of 2008, under Sections 419, 420, 467, 468, 471 and 120-B IPC, Police Station Chhata, District Mathura.
Learned counsel for the applicant submits that according to the F.I.R. version, applicant and co-accused Saleem executed a sale-deed in favour of Digambar and Mantu, while in their name there is no allegation in the tehsil Chhata. He further submits that the alleged sale-deed was executed in the year 2007 and an application was moved by Unis on 16.06.2008. He further submits that as per Khatauni applicant is co-sharer of the land regarding which sale-deed was executed by the applicant. He further submits that regarding the disputed property an Original Suit bearing No.399 of 2008 was filed by Mahendra against Unis before the Civil Judge, Senior Division Vth for permanent injunction, which has been decreed on 06.03.2014 in favour of Mahendra @ Mantu. He further submits that appeal was also filed against the judgment and decree, same was also rejected as per impugned rejection order. He further submits that the co-accused Naresh, Bantu, Navab and Saleem have been granted bail by co-ordinate Bench of this Court vide order dated 15.03.2021 in Criminal Misc. Bail Application No11961 of 2021. Therefore, the applicant is entitled for bail on the ground of parity and 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 there is no criminal history of the applicant and he is languishing in jail since 30.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that as per investigation applicant executed the sale-deed exceeding his share that's why he has been chargesheeted but could not dispute the aforesaid fact that co-accused have already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Kale involved in aforesaid case crime be released on bail on his/her 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 shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(ii) 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.
(iii) 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 in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 18.3.2021/Zafar
