Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18457 of 2010 Petitioner :- Abdul Rehman Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Goswami Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case.He further submits that in
the present case the F.I.R. was lodged in pursuant to an application filed under
section 156(3) Cr.P.C. without explaining the delay in filing the said
application. He further submits that, as per prosecution story, a sum of Rs.
11.00 lacs was taken by the applicant as an earnest money in respect of sale of
a land and he digested the said money dishonestly by committing fraud and
forgery. He further submits that the prosecution story is absolutely false and
frivolous and highly unbelievable because it is highly unnatural and quite
impossible that any body would pay such a huge amount of money to any one
in cash instead of any bank draft or cheque . He further submits that neither
any such money as alleged by the prosecution was ever received by the
applicant in respect of sale of any land nor there is any registered document to
this effect. He further submits that so called receipt alleged to have been
issued by the applicant in lieu of the money taken by him in advance is a
forged and fabricated piece of document and the same has been procured for
the purpose of the present case to some how make out a case against the
applicant and as such, in the absence of any credible evidence in support of
the allegations made by the informant no reliance is liable to be placed upon
the same. He further submits that the dispute between the parties is purely of a
civil nature and the dispute is to be decided by the Civil Court and
unnecessarily a pure civil dispute has been dragged into the criminal court. In
support of his contention he referred to certain documents and further
submitted that a bare perusal of the F.I.R. reveals that no offence against the
applicant is disclosed and the present prosecution has been instituted with
malafide intention for the purpose of harassment. He further submits that the
applicant has got no criminal history to her credit and there are no chances of
her fleeing away from the judicial process or tampering with the prosecution
evidence, and is in jail since 20.5.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Abdul Rehman involved in Case Crime No.355 of 2010
under Sections 420, 406 I.P.C., P.S. Mussoorie, District Ghaziabad 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 with the following
conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 20.7.2010
MLK