Amar Singh vs State Of Uttar Pradesh

Learned Additional Government Advocate informs that he has procured complete instructions in the matter including case diary and charge sheet in this matter has already been submitted.

Heard the learned counsel for the applicant through video conferencing as well as learned A.G.A. for the State and perused the record.

This bail application has been moved by the applicant- Amar Singh for grant of bail, in Case Crime No. 495 of 2017, under Sections 419,420,467,468 and 471 I.P.C. P.S.Gola, District Kheri, during trial.

Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

It is further submitted that the allegations in the F.I.R. are to the tune that one Mahendra Giri in connivance with other co-accused persons has sold the impugned land by impersonating himself as the real owner i.e. Anant Ram. The role of the applicant is that he is a marginal witness of the sale deed.

Highlighting the above factual matrix it has been vehemently submitted by the learned counsel for applicant that all the co-accused persons of the crime namely Mahendra Giri, who allegedly had impersonated himself as Anant Ram, Dhiraj Kumar Gupta, the purchaser and other co-accused persons, namely Ashish Gupta and Anchal Kumar Mishra have been released on bail by this Court as well as by the co-ordinate Benches of this Court vide orders dated 1.11.2018, 28.11.2018, 21.1.2019 and 26.3.2019, passed in Bail Nos. 9244 of 2018, 10024 of 2018, 734 of 2019 and Bail No. 10351 of 2018 and the role of the applicant is much lessor than those who have already been granted bail.

It is further submitted that the applicant is in jail in this matter since 05.02.2021 and he is not carrying any criminal history. Charge sheet in the matter has already been submitted and there is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty.

Learned A.G.A. however, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not confront the submissions of learned counsel for applicant with regard to the fact that other co-accused persons either having similar role or aggravated role in the crime have been released on bail by this Court as well as by the coordinate Benches of this Court.

Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.

Let the applicant - Amar Singh involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.