Ramesh Kumar vs State Of U.P.
2022 Latest Caselaw 1543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?
 
Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13217 of 2022
 

 
Applicant :- Ramesh Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Pankaj Kumar Srivastava
 
Counsel for Opposite Party :- G.A.,Rajesh Kumar Mishra
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and learned AGA for the State-opposite party.

It is submitted that the applicant has been falsely implicated in the instant case. An agreement to sale was executed on 29.10.2015 (wrongly mentioned 29.10.2016 in the F.I.R.). Thereafter the informant has filed a suit for specific performance. The suit was registered as Original Suit No. 122 of 2018 before the Civil Judge, Sr. Division, Rampur. The aforesaid suit was decided ex parte in favour of the informant on 28.2.2019. Thereafter the informant filed an Execution Case No. 7 of 2019 before the court concerned for execution of the judgment and decree dated 28.2.2019 passed by the trial Court. On 17.1.2020 the applicant filed an application under Order IX Rule XIII for recalling the ex parte judgment and order passed in said suit. It is contended that civil dispute is pending between the parties before the court concerned. The criminal proceedings have been instituted to leverage in the civil claim. The applicant has no criminal history. The applicant is in jail since 9.1.2022. In case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Ramesh Kumar, involved in Case Crime No. 432 of 2020, under Sections 420, 406, 504 and 506 I.P.C., Police Station Ganj, District Rampur be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 26.4.2022

S.S.