Arun Yadav v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43976 of 2023 Applicant :- Arun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sharique Ahmed,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Counter affidavit filed by learned counsel for the informant is taken on record.

¶3Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Sharique Ahmed, learned counsel for the applicant, Sri Shikhar Awasthi, learned counsel for the informant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

¶4Applicant seeks bail in Case Crime No. 360 of 2023, under Sections 420, 467, 468, 471, 504 I.P.C., Police Station Bidhnoo, District Kanpur Nagar, during the pendency of trial.

¶5As per prosecution case, the applicant, who happens to be Secretary of Punjab Frontier Cooperative Housing Society Ltd., is stated to have sold the land without title which originally belongs to the informant.

¶6Learned Senior counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant is a bona fide person and is the Secretary of the said society and has been implicated as he had executed the sale deed of the land which belongs to the society only. The Arazi nos. 79, 80, 81, 82, 83 belong to the informant and the applicant sold the part of land of Arazi Nos.101, 76 and 66. Learned Senior Counsel has stated that the matter pertains to parameters and boundary of the said plot and not title of the plot, as such, civil matter has been converted into criminal one by the informant.

¶7Learned Senior Counsel has further stated that the applicant himself had instituted an FIR against the informant and two other persons of trespassing the land of the society which is FIR No.211 of 2021. The informant himself has usurped the property of his family members who were six in numbers of which he got the said property transferred solely to himself. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant, having no criminal history to his credit, is languishing in jail since 13.8.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶8Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the said FIR No.211 of 2021 was investigated and closure report has been filed by the police as no substance is found in the submission of the applicant. Learned counsel for the informant has stated that the informant was Assistant Teacher posted elsewhere, as such, he could not look after the property which he had inherited from his grandfather. All the property of the informant has been disposed of by the applicant in collusion with brother of the informant and other members of the society.

¶9Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that matter pertains to civil nature, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10Let the applicant-Arun Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.

(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., may be issued and if 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 IPC.

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 16.10.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad High Court of Judicature at Allahabad