Devendra Kumar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43437 of 2023 Applicant :- Devendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Poojan,Anil Kumar Counsel for Opposite Party :- G.A.,Poonam Dwivedi,Rajan Prasad Dwivedi Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, Sri Satyaprakash Rathore, Advocate holding brief of Sri Rajan Prasad Dwivedi, counsel for the informant and learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 102 of 2023, under Sections 419, 420, 465, 467, 468, 471, 504, 506 and 120B IPC, Police Station Rampura, District Jalaun, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the bonafide purchaser of the disputed land from one Virendra Singh by sale deed dated 06.06.2023. The applicant himself has been duped. The case is primarily of civil in nature. It is next contended that apart from the instant case, the applicant was involved in Case Crime No. 67 of 2020 under Sections 406, 420 and 506 of I.P.C., Police Station-Madhogarh, District-Jalaun. The applicant is in jail since

17.08.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the case is primarily of civil in nature. At this stage, there is no substantive evidence against the applicant. Further, the applicant has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Devendra Kumar, involved in the aforesaid case 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 the conditions that he:

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

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In 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 :- 18.10.2023 Sachin Mishra High Court of Judicature at Allahabad