Ranveer Sing And Another vs State Of U.P.

Saurabh Lavania, J

Heard learned counsel for the applicants, Shri Indra Kumar Singh, learned counsel for the complainant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

The present bail application has been filed by the applicants seeking bail in Case Crime No. 648 of 2021, under Sections-420, 467, 468, 471 I.P.C., Police Station-Kotwali Nagar, District Etah.

Learned counsel for the applicants submitted that accused-applicant is innocent and has been falsely implicated in the instant case. It is further submitted that a perusal of the F.I.R. would show that it is a case of correction of map which is referable to U.P. Revenue Code, 2006. It is also submitted that prior to lodging the F.I.R. the informant preferred an application for correction of map before the competent authority which was registered as Case No. 645 of 2020 wherein the ex-parte order was passed in favour of the informant on 29-01-2021, copy of which is annexed as annexure-3 to the present bail application and it appears that based upon the same, the present F.I.R. has been lodged as it is a case in which criminal colour has been given to civil dispute. Further stated that it is not clear from the allegation made in the F.I.R. that who is basically instrumental or author of the map in regard to which allegations are that the same has been prepared by playing fraud. The applicant no.1 is aged about 72 years as mentioned in para 9 of the affidavit filed in support of the bail application. At this juncture learned counsel for the applicant also drawn the attention of the Court on Section 437 Cr.P.C. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 20-12-2021 and possibility of conclusion of trial in near future is extremely black.

Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer for grant of bail but he has not disputed the above contention.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicants Ranveer Singh and Rohit Kumar, be released on bail in aforesaid Case Crime Number on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-

(i) The applicant shall file an undertaking to the effect that he 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 his 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.

In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.

This order shall not influence the trial Court for proceeding with the trial.

The application stands disposed of.